LAWS  AND  STATUTES 


RELATING  TO  THE 


BOARD  OF  STATE 

Harbor  Commissioners 


COMPILED  BY 

DANIEL  A.  RYAN 

ATTORNEY  FOR  THE  BOARD 


AUGUST  15,  1914 


California  State  Printing  OflSce 
Sacramento 
1914 


LAWS  AND  STATUTES 

ILUNOIS 

o  '  ■.  1915 


RELATING  TO  THE 


BOARD  OF  STATE 


HARBOR  COMMISSIONERS 


COMPILED  BY 

DANIEL  A.  RYAN 

ATTORNEY  FOR  THE  BOARD 


AUGUST  15,  19i^ 


California  State  Printing  Office 
Sacramento 
1914 


OFFICE  OF 


BOARD  OF  STATE  HARBOR  COMMISSIONERS 

UNION  DEPOT  AND  FERRY  HOUSE. 


STATE  HARBOR  COMMISSIONERS 


J.  J.  DWYEE,  President.  THOMAS  S.  WILLIAMS. 

JOHN  H.  McCALLUM. 

Secretary, 
LEO  V.  MERLE,  JE. 


Assistant  State  Engineer, 
JEROME  NEWMAN. 


Attorney, 
DANIEL  A.  RYAN. 


^  LAWS  AND  STATUTES  IN  FORCE 
Political  Code  of  the  State  of  California 


ARTICLE  IX. 

SAN  FRANCISCO  HARBOR  AND  STATE  HARBOR 
COMMISSIONERS. 


SECTION  2520,  POLITICAL  CODE.    APPOINTMENT  OF  STATE  HAR- 
BOR COMMISSIONERS. 

A  board  of  state  harbor  commissioners,  to  consist  of  three  ftate  haf-- 
persons,  is  hereby  created,  with  such  powers  and  duties  as  are  hlsSmL. 
prescribed  by  law.    On  the  passage  of  this  act  the  governor 
must  nominate,  and,  by  and  with  the  consent  of  the  senate, 
appoint  three  state  harbor  commissioners.    Any  and  all  harbor 
commissioners  heretofore  or  hereafter  appointed  shall  hold 
-Mice  at  the  pleasure  of  the  governor.    When  any  appoint-  Term  of 
ment  of  any  successor  to  any  commissioner  is  made  by  the  gov-  ''^''* 
ernor,  such  appointment  shall  be  valid  to  all  intents  and  pur- 
poses, subject,  however,  to  the  consent  of  the  senate  at  its  next 
regular  session,  and,  until  such  time,  the  person  so  appointed 
~  shall  have  as  full  and  ample  power  and  authority  as  though 

confirmed  by  the  senate.    In  case  the  senate,  during  its  session,  Appoint- 
^  fail  to  act  on  or  refuse  its  consent  to  any  nomination  the  ^ov-  ^'?innvTto 

TP  confirm. 

^ernor  may  make  of  any  person  or  persons  to  constitute  the 
Tfeard  herein  provided  for,  he  must,  after  the  adjournment  of 
V-  the  senate,  grant  a  commission  or  commissions  to  such  person 
^  or  persons  as  he  may  desire  to  appoint,  which  appointment  or 
^  appointments  shall  be  valid  to  all  intents  and  purposes,  sub- 
^^ject,  however,  to  the  consent  of  the  senate  at  its  next  regular 
v"-*  session,  and  until  such  time  the  person  or  persons  so  appointed 
shall  have  as  full  and  ample  power  and  authority  as  though 
confirmed  by  the  senate.    The  board  of  state  harbor  commis- 
sioners  hereby  created  shall  be  the  legal  successor  to  any  and 
all  previous  boards.    When  the  board  herein  provided  for  is  president 
appointed,  it  shall  organize  and  elect  a  president  and  executive 
officer  of  the  board.    It  shall  be  his  duty  to  preside  at  its  meet- 
ings, to  supervise  the  official  conduct  of  all  its  officers  and 


■i 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


employees,  especially  in  the  collection,  custody  and  disburse- 
ments of  the  revenues,  and  to  require  that  all  the  books,  papers 
and  accounts  be  accurately  kept  and  in  proper  form,  and  all 
the  provisions  of  law  and  the  regulations  of  the  board  be 
enforced  and  observed.  He  may  administer  official  oaths  to 
the  officers  and  employees  of  the  board,  except  the  other  com- 
missioners, and  to  all  other  persons  in  relation  to  the  business 
of  the  board.  [Amendment  approved  March  8,  1911;  Stat- 
utes 1911,  pp.  313-314;  took  effect  immediately.] 

People  vs.  Blauding,  G3  Cal.  339; 
Baicman  vs.  CoJgan,  111  Cal.  583. 

SEC.   2521,    POLITICAL   CODE.     BONDS.  EMPLOYEES. 

The  president  of  the  board  must  give  an  official  bond  in  the 
sum  of  fifty  thousand  dollars,  and  each  of  the  other  commis- 
sioners in  the  sum  of  fifty  thousand  dollars,  which  must  be 
approved  by  tha  governor  and  state  treasurer  by  written 
indorsement  thereon,  and  vvithin  fifteen  days  after  the  date  of 
their  respective  commissions  must  be  filed  and  recorded  in  the 
office  of  the  secretary  of  state,  together  with  the  official  oath 
prescribed  by  lay.  The  commissioners  shall  not  be  sureties  for 
one  another,  nor  shall  any  officer  of  the  state,  nor  any  officer  or 
member  of  the  legislature,  be  accepted  as  surety  on  said  bonds. 
As  soon  as  the  commissioners  first  appointed  under  this  act 
have  ({ualified,  the  offices  of  the  present  commissioners  shall  be 
and  are  hereby  declared  to  be  vacant.  The  board,  on  entering 
on  the  duties  of  their  office,  must  appoint  the  following  officers, 
viz :  a  secretary,  an  assistant  secretary,  an  attorney,  a  chief 
wharfinger,  and  such  number  of  wharfingers  and  collectors  as 
they  deem,  necessary.  Such  officers  shall  hold  for  a  term  of 
four  years  from  the  dates  of  their  respective  appointments,  but 
may  t)e  removed  by  the  board  at  any  time,  after  due  investi- 
gation, for  causes  affecting  their  official  character  or  com- 
petency. The  order  for  such  removal,  stating  distinctly  the 
caus(^s  therefor,  must  be  entered  on  their  minutes.  In  case  of 
a  vacancy  in  such  offices  by  the  expiration  of  a  term,  or  for  any 
other  cause,  the  board  must  fill  the  same  by  an  appointment 
for  four  years.  \ Amendment  approved.  March  11,  1907 ;  Stat- 
iihs  1907,  p.  221.  This  sec/ion  par/ialljj  repealed  b}j  civil  serv- 
ic(  acl .  I 

J'eoide  vs.  Maihetrson,  47  Cal.  447; 

Ford  vs.  Ifarhor  Commissioners,  81  Cal.  20-37 ; 

Farrcll  vs.  Board  of  '/'rusfecSy  85  Cal.  414. 


LAWS  AND  STATUTES. 


5 


SEC.   2522,   POLITICAL   CODE.     EMPLOYEES   AND   THEIR  DUTIES. 

The  secretary  must  keep  the  office  of  the  hoard  ox)en  every 
day   (legal  holidays  excepted)   from  9  o'clock  a.  m.  to  4  ^^^^^^ hours, 
o'clock  p.  m.    He  shall  safely  keep  and  be  responsible  for  all 
moneys  paid  into  the  office,  and  for  all  the  books  and  papers 
of  the  board,  attend  their  meetings,  and  keep  a  perfect  record 
of  their  proceedings,  with  the  names  of  the  commissioners 
present  thereat.    He  must  keep,  in  proper  books,  an  account  A fust  keep 
of  all  moneys  received  and  paid,  and,  on  or  before  the  fifth  J;;;;?^^^^f  • 
day  of  each  month,  must  send  to  the  state  controller  a  state- 
ment thereof,  under  oath,  for  the  preceding  month,  showing 
the  sources  from  which  such  moneys  were  received,  and  the 
purposes  for  which  they  were  paid,  and  must  also  report  to 
the  controller  the  amount  paid  to  the  state  treasurer  for  the 
month  covered  by  such  statement.    He  must  enter  daily,  in  accounts ^"r^ 
proper  wharf -books,  the  returns  made  by  the  wharfingers  and 
collectors,  and,  on  the  last  day  of  each  month,  settle  the 
accounts  of  each  of  them,  and  balance  the  said  books  as  soon 
as  possible  thereafter.    When  money  is  received  from  any 
source,  he  must  retain  a  stub  corresponding  in  number, 
date  and  amount  with  the  receipt  given  therefor,  and  he  must 
require  the  person  paying  it  to  sign  said  stub.    He  must  record  [^^''j;^''^^*^ 
at  length  all  contracts  and  agreements  made  by  the  board,  and  '^corded, 
keep  a  record  of  all  personal  property  purchased  and  its  cost ; 
and,  in  case  any  be  sold,  the  name  of  the  purchaser,  date  of 
sale  and  the  price  received  therefor.    Before  entering  on  the  Bond  and 
duties  of  his  office,  he  must  give  an  official  bond  in  the  sum  of  secretary, 
fifty  thousand  dollars,  and  take  and  subscribe  an  official  oath. 
Said  bond  must  be  approved  by  the  board,  by  written  indorse-  Approval 

of  bond. 

ment  thereon,  and  be  hied  with  such  oath  in  the  office  of  the 
secretary  of  state.    The  assistant  secretary  shall  attend  at  the  Duties  of 

^  .  *  assistant 

oiTice  during  office  hours,  and  must  perform  such  service  as  ^^cretaiy. 
may  be  required  of  him  by  the  secretary  of  the  board.  Before  Bond  and 
entering  on  the  duties  of  his  office,  he  must  give  an  official  bond  assistant 

^  '  ^  secretai-y. 

in  the  sum  of  twenty  thousand  dollars,  and  take  and  subscribe 

an  official  oath.    Said  bond  must  be  approved  by  the  board, 

by  written  indorsement  thereon,  and  be  filed  with  such  oath 

in  the  office  of  the  secretary  of  state.    The  attorney  shall  ^ttome?.^ 

attend  to  the  prosecution  and  defense  of  all  suits,  and  render 

such  legal  service  as  may  be  required  of  him  by  the  board. 

The  chief  engineer  must  prepare  such  plans  and  specifications  Duties  of 

as  the  board  may  direct,  and  if  adopted  and  the  work  ordered  enSneer. 


6 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Kegistei-  of 
work  done. 


Bond  and 
oath  of 
chief 
engineer. 


Duties  of 
chief 

wliarfinger. 


Must  assign 
berths. 


Supervise 
wharfingers. 


Must  remove 
obstructions. 


Bond  and 
oath  of  cliief 
wharfinger. 


Duties  of 
wharfingers. 


Duties  of 
collectors. 


Bonds  and 
oath  of 
wharfingers 
and  col- 
lectors. 


by  the  board  to  be  done,  must  superintend  its  construction. 
He  must  give  constant  attention  to  the  condition  of  the  sea- 
wall and  thoroughfare,  of  the  sheds,  wharves,  piers  and  land- 
ings, of  the  streets  or  parts  thereof  under  the  jurisdiction  of 
the  board,  and  when  repairs  are  needed  must  forthwith  report 
to  the  board,  in  writing,  their  nature  and  extent,  and  if 
ordered  by  the  board  must  have  the  same  done  at  once.  He 
must  keep  himself  informed  as  to  the  depth  of  water  in  the 
various  docks  and  slips,  and  report  to  the  board  from  time 
to  time  what  dredging  is  required.  He  must  keep  a  register, 
properly  indexed,  showing  the  date,  place,  and  character  of 
every  piece  of  work  done  and  dock  dredged,  when  begun  and 
when  finished,  with  proper  descriptions  and  drawings.  He 
must  take  and  subscribe  an  official  oath,  and  give  a  bond  in 
the  sum  of  ten  thousand  dollars,  to  be  approved  by  the  board 
by  written  indorsement  thereon.  Said  bond  and  oath  must  be 
fi]ed  in  the  office  of  the  board.  The  chief  wharfinger  must 
station,  berth,  and  regulate  the  position  of  vessels  in  the  docks 
and  harbor,  and  cause  them  to  remove  from  time  to  time,  and 
from  place  to  place,  as  the  general  convenience,  safety  and 
good  order  may  require.  Subject  to  such  regulation,  he  must 
assign  berths  to  vessels  in  the  order  of  their  application  after 
entering  the  harbor.  He  must  supervise  the  wharfingers,  and 
report  to  the  board  all  cases  of  failure  to  perform  their  duties, 
and  require  all  shipmasters,  consignees,  pilots,  and  masters  of 
towboats  to  conform  to  the  regulations  of  the  board.  He  must 
require  the  docks,  slips,  wharves,  piers,  and  other  premises 
under  the  jurisdiction  of  the  board  to  be  kept  free  of  all 
obstructions,  and  when  parties  fail  to  obey  his  order  to  remove 
the  same,  he  must  forthwith  report  the  fact  to  the  board,  and 
execute  their  order  in  relation  thereto.  He  must  take  and  sub- 
scribe an  official  oath,  and  give  such  official  bond  as  the  board 
may  require,  subject  to  their  approval,  to  be  indorsed  thereon. 
Said  bond  and  oath  must  be  filed  in  the  office  of  the  board. 
The  wharfingers  shall  have  supervision  of  the  wharves  to  which 
they  are  assigned,  and  must  require  the  regulations  of  the 
board  and  orders  of  the  chief  wharfinger  to  be  respected  and 
obeyed,  and  good  order  be  preserved  thereon.  The  collectors 
must  collect  the  revenues  in  such  manner  as  the  board  may 
direct,  and  must  daily  account  for  and  pay  all  moneys  into  the 
office.  The  wharfingers  and  collectors  must  each  take  and 
subscribe  an  official  oath,  and  give  such  official  bond  as  the 
board  may  require,  subject  to  their  approval,  to  be  indorsed 
thereon;  said  bond  and  oath  to  be  filed  in  their  office.  All 


LAWS  AND  STATUTES. 


7 


the  above  named  officers  must  perform  such  other  duties  per- 
taining to  their  positions  as  the  board  may  from  time  to  time 
prescribe.  The  board  may,  in  its  discretion,  emx)loy  an  assist-  f^'^H^J^^^ 
ant  to  the  chief  engineer,  an  assistant  to  the  chief  wharfinger,  aSants. 
a  draughtsman,  a  superintendent  of  dredgers,  and  such  men 
on  the  dredgers,  scows,  towboats  and  fire  boats,  and  in  doing 
urgent  repairs,  as  they  deem  advisa})Ie,  and  prescribe  ih(tu' 
bonds,  duties  and  compensation ;  such  emi)loyees  shall  hold  omc%r7lr'^ 
their  positions  and  be  removable  at  the  pleasure  of  the  board; 
but  no  officer  or  employee  of  the  board  shall  be  removed  or 
otherwise  prejudiced  for  refusing  to  contribute  to  any  political 
fund,  or  to  render  any  political  service;  nor  shall  the  board, 
collectively  or  individually,  use  their  official  influence  to  coerce 
the  political  action  of  any  such  officers  and  employees.  Nor 
shall  the  state  dredgers  be  employed  to  dredge  slips  not  under 
the  control  of  the  state,  nor  private  work  of  any  character. 
[Amendment  approved  March  21,  1887 ;  Statutes  and  Amend- 
ments, 1887,  p.  222.] 

Ford  vs.  Harbor  Commissioners,  81  Cal.  23-33 ; 
People  vs.  Fairfield,  90  Cal.  187 ; 
People  vs.  La  Rue,  95  Cal.  77; 

Union  Transportation  Co.  vs.  Bassett,  118  Cal.  609. 

SEC.    2523,    POLITICAL    CODE.    ACTIONS    FOR    PROPERTY,  MONEY 
AND   REMOVAL  OF  OBSTRUCTIONS. 

The  commissioners  may  institute  and  prosecute  to  final  ^o^f^ay 
judgment  actions  in  the  name  of  the  people  of  the  State  of  of  pSp^l^fr 
California  for  the  possession  of  any  portion  of  the  premises  o? premSes; 
described  in  this  article,  situate  between  the  inshore  line,  or 
line  nearest  the  mainline  and  the  line  off  shore,  six  hundred 
and  fifty  feet  therefrom,  and  parallel  therewith,  or  for  the 
annulling  of  any  lease  or  contract  entered  into  by  the  commis- 
sioners in  behalf  of  the  state,  by  virtue  of  any  general  or 
special  law,  or  for  the  collection  of  any  money  due  or  that  mav  or  for 

money  due 

become  due  the  state  by  authority  of  this  article;  and  the  com-  ^^^^e; 
missioners  may  also  institute  and  prosecute  to  final  judgment 
actions  for  the  removal  of  all  unlawful  obstructions  in  or  oj'to 

remove 

upon  said  premises,  or  for  the  removal  of  all  unlawful  obstruc-  ^^^^tmctions. 
tions  in  or  upon  the  streets  through  the  center  of  which  the 
inshore  line,  or  line  nearest  the  mainland  bounding  said  prem- 
ises, runs.    They  may  also  remove  any  unlawful  obstructions  obstruc- 
thereon  after  the  owner,  possessor,  or  occupant  of  such  obstruc-  ^^^Jj^' 
tions  shall  have  five  days'  notice,  in  writing,  to  remove  the 
same,  either  served  on  such  owner,  possessor,  or  occupant,  or 


8 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


posted  upon  said  obstruction  by  the  chief  wharfinger,  assist- 
ant wharfinger,  or  wharfinger.  [Amendment  approved  Feh- 
ruary  28,  1876;  Amendments  1875-76,  p.  35;  took  effect  from 

passage.] 

People  vs.  La  Rue,  95  Cal.  77 ; 

People  vs.  Pacific  Imp.  Co.,  130  Cal.  448   (cited  in  Estate  of 

Brewer,  156  Cal.  93)  ; 
Bateman  vs.  Colgan,  111  Cal.  580-583. 


SEC.   2524,    POLITICAL   CODE.    JURISDICTION    OF  BOARD. 

Possession       The  commissioners  shall  have  possession  and  control  of  that 

and  control  .  •  i        n    j. i 

pomonof  portion  of  the  bay  of  San  Francisco,  together  with  all  the 
Fmncis^co"  improvements,  rights,  privileges,  easements,  appurtenances 
connected  therewith,  or  in  any  wise  appertaining  thereto,  for 
the  purposes  in  this  article  provided  (excepting  such  parcels 
thereof  as  are  held  by  the  lessees,  or  their  assigns,  on  valid 
leases,  which  parcels  so  held  it  is  hereby  made  the  duty  of  the 
commissioners  to  take  possession  of,  together  with  the  improve- 
ments thereon,  as  soon  as  said  leases  terminate,  and  also  to  see 
that  the  lessees,  or  their  successors  or  assigns,  do  not  exercise 
rights  and  privileges  that  are  not  conferred  by  said  leases), 
Boundaries,  bouudcd  as  follows,  to  wit :  Commcuciug  at  the  point  where 
the  easterly  line  of  the  Presidio  reservation  intersects  the 
water-line  front,  as  established  by  the  board  of  state  tide  land 
commissioners;  thence  easterly  along  said  water-line  front  to 
the  center  of  Webster  street ;  thence  southerly  along  the  center 
of  Webster  street  to  the  center  of  Lewis  street ;  thence  easterly 
along  the  center  of  Lewis  street  to  the  center  of  Polk  street; 
thence  southerly  along  the  center  of  Polk  street  to  the  center 
of  Tonquin  street ;  thence  easterly  along  the  center  of  Tonquin 
street  to  the  center  of  Larkin  street ;  thence  southerly  along  the 
center  of  Larkin  street  to  the  center  of  Jefferson  street ;  thence 
easterly  along  the  center  of  Jefferson  street  to  the  center  of 
Powell  street;  thence  southerly  along  the  center  of  Powell 
street  to  the  center  of  Beach  street;  thence  easterly  along  the 
center  of  Beach  street  to  the  center  of  Dupont  street;  thence 
southerly  along  the  center  of  Dupont  street  to  the  center  of 
North  Point  street;  thence  easterly  along  the  center  of  North 
Point  street  to  the  center  of  Kearny  street;  thence  southerly 
along  the  center  of  Kearny  street  to  the  center  of  Francisco 
street;  thence  easterly  along  the  center  of  Francisco  street  to 
the  center  of  Montgomery  street;  thence  southerly  along  the 
center  of  Montgomery  street  to  the  center  of  Chestnut  street; 


LAWS  AND  STATUTES. 


9 


thence  easterly  along  the  center  of  Chestnut  street  to  the  center 
of  Sansome  street;  thence  southerly  along  the  center  of  San- 
some  street  to  the  center  of  Lombard  street;  thence  easterly 
along  the  center  of  Lombard  street  to  the  center  of  Battery 
street;  thence  southerly  along  the  center  of  Battery  street  to 
the  center  of  Greenwich  street;  thence  easterly  along  the  center 
of  Greenwich  street  to  the  center  of  Front  street ;  thence 
southerly  along  the  center  of  Front  street  to  the  center  of 
Vallejo  street ;  thence  easterly  along  the  center  of  Vallejo  street 
to  the  center  of  Davis  street;  thence  southerly  along  the  center 
of  Davis  street  to  the  center  of  Pacific  street;  thence  easterly 
along  the  center  of  Pacific  street  to  the  westerly  line  of  East 
street;  thence  southerly  along  the  westerly  line  of  East  street 
to  the  center  of  Folsom  street ;  thence  westerly  along  the  center 
of  Folsom  street  to  the  center  of  Steuart  street ;  thence  southerly 
along  the  center  of  Steuart  street  to  the  center  of  Harrison 
street ;  thence  southerly  on  a  direct  line  with  said  Steuart  street 
two  hundred  and  fifty-three  feet  nine  inches,  to  the  center  of 
a  street  the  name  of  which  is  not  on  the  map ;  thence  at  right 
angles  westerly  along  the  center  of  said  street  to  the  center  of 
Spear  street ;  thence  southerly  along  the  center  of  Spear  street 
to  the  center  of  Bryant  street ;  thence  westerly  along  the  center 
of  Bryant  street  to  the  center  of  Beale  street ;  thence  southerly 
along  the  center  of  Beale  street  to  the  center  of  Brannan  street ; 
thence  westerly  along  the  center  of  Brannan  street  to  the  center 
of  First  street ;  thence  southerly  along  the  center  of  First  street 
to  the  center  of  Townsend  street;  thence  westerly  along  the 
center  of  Townsend  street  five  hundred  and  fifty  feet,  to  the 
center  of  a  street  the  name  of  which  is  not  on  a  map ;  thence  at 
right  angles  southerly  along  the  center  of  said  street  to  the 
center  of  King  street ;  thence  westerly  along  the  center  of  King 
street  to  the  center  of  Second  street ;  thence  southerly  along  the 
center  of  Second  street  to  the  center  of  Berry  street :  thence 
westerly  along  the  center  of  Berry  street  to  the  center  of  Third 
street ;  thence  southerly  along  the  center  of  Third  street  to  the 
northerly  line  of  Channel  street ;  thence  westerly  along  the  last- 
mentioned  line  to  the  easterly  line  of  Fifth  street;  thence 
southerly  along  said  last-mentioned  line  to  the  southerly  line  of 
said  Channel  street ;  thence  easterly  along  said  last-mentioned 
line  to  the  center  of  Kentucky  street ;  thence  southerly  along 
the  center  of  Kentucky  street  to  the  center  of  Fourth  street : 
thence  along  the  center  of  Fourth  street  to  the  center  of 
Louisiana  street ;  thence  southerly  along  the  center  of  Louisiana 


10 


BOARD  OP  STATE  HARBOR  COMMISSIONERS. 


Boundaries,  street  to  the  center  of  El  Dorado  street ;  thence  westerly  along 
the  center  of  El  Dorado  street  to  the  center  of  Illinois  street; 
thence  southerly  along  the  center  of  Illinois  street  to  the  center 
of  Solano  street;  thence  easterly  along  the  center  of  Solano 
street  to  the  water  front  line  established  by  the  board  of  state 
tide  land  commissioners ;  thence  southerly  along  said  last-men- 
tioned line  to  the  center  of  Tulare  street ;  thence  westerly  along 
the  center  of  Tulare  street  to  the  center  of  Texas  street ;  thence 
southerly  along  the  center  of  Texas  street  to  the  center  of  Islais 
street ;  thence  easterly  along  the  center  of  Islais  street  to  the 
center  of  Waterfront  street ;  thence  southerly  along  the  center 
of  Waterfront  street  to  the  center  of  India  street;  thence 
westerly,  southerly  and  easterly  along  the  center  of  said  India 
street  to  the  center  of  Waterfront  street,  to  the  center  of  China 
street ;  thence  westerly  along  the  center  of  China  street  to  the 
center  of  Third  avenue;  thence  southerly  along  the  center  of 
Third  avenue  to  the  northerly  line  of  the  property  of  the  Cali- 
fornia Dry  Dock  Company;  thence  easterly  along  said  last- 
mentioned  line  to  the  water  front  established  by  the  board  by 
state  tide  land  commissioners;  thence  southerly  along  and 
around  said  Dry  Dock  Company's  land  to  the  southeasterly  cor- 
ner thereof ;  thence  westerly  along  the  line  of  said  land  to  the 
center  of  AVaterf ront  street ;  thence  southerly  along  the  center 
of  Waterfront  street  to  the  center  of  Nineteenth  avenue ;  thence 
westerly  along  the  center  of  Nineteenth  avenue  to  the  center  of 
Dock  street;  thence  southerly  along  the  line  of  Dock  street  to 
the  center  of  Twenty-third  avenue;  thence  westerly  along  the 
center  of  Twenty-third  avenue  to  the  center  of  H  street; 
thence  southerly  along  the  center  of  H  street  to  the  center  of 
Twenty-fourth  avenue ;  thence  easterly  along  the  center  of 
Twenty- fourth  avenue  to  the  center  of  Waterfront  street; 
thence  southerly  along  the  center  of  said  Waterfront  street  to 
the  southern  boundary  of  the  city  and  county  of  San  Fran- 
cisco; thence  along  the  southerly,  easterly  and  northerly 
boundary  lines  of  said  city  and  county  to  a  point  due  north  of 
the  place  of  commencement,  and  thence  south  to  the  place  of 
commencement.  But  no  harbor  embankment  or  seawall  shall 
Seawall  bc  coustructcd  outsidc  of  the  following-named  points  and  lines, 
oun  anes.  ^ . ^  ^  Commciicing  at  the  point  where  the  eastern  boundary 
line  of  the  Presidio  reservation,  extended  in  a  northerly  direc- 
tion, intersects  the  three-fathom  contour  line  shown  upon  the 
chart  of  the  United  States  survey,  and  running  thence  in  an 
easterly  and  southerly  direction,  upon  straight  or  curved  lines, 


LAWS  AND  stati;ti:s. 


11 


in  such  a  manner  as  to  approach  as  near  as  practicable  the 
extreme  outer  projections  of  the  water-] in(5  front,  as  described 
in  an  act  to  provide  for  the  disposition  of  certain  property  of 
the  State  of  California,  passed  March  twenty-sixth,  in  the  year 
of  our  Lord  eighteen  hundred  and  fifty-one,  to  a  point  at  or 
near  the  intersection  of  Second  and  Berry  streets ;  thence  con- 
tinuin'g  southerly,  upon  straight  or  curved  lines,  in  such  a 
manner  as  to  approach  as  near  as  practicable  the  extreme 
outer  projections  of  the  water-line  front,  as  established  by  the 
board  of  state  tide  land  commissioners,  to  the  southerly  boun- 
dary of  said  city  and  county  of  San  Francisco ;  and  said  com-  General 

missioners,  in  addition  to  a  general  control  over  said  premises  commis- 
sioners. 

shall  have  authority  to  use  for  loading  and  landing  merchan- 
dise, with  a  right  to  collect  dockage,  wharfage  and  tolls  thereon, 
such  portion  of  the  streets  of  the  city  and  county  of  San 
Francisco,  ending  or  fronting  upon  the  waters  of  said  bay  as 
may  be  used  for  such  purposes  without  obstructing  the  same 
as  thoroughfares ;  and  authority  to  rent  an  office  in  the  city  ^^""^ 
and  county  of  San  Francisco,  between  Montgomery,  Market 
and  Pacific  streets  and  the  city  front ;  and  purchase  from  time 
to  time  suitable  books  for  the  records  of  the  secretary  and  Si:,k?fo? 
accounts  of  the  wharfingers,  together  with  such  stationery  as  ^" 
may  be  required  by  the  board;  and  to  fix  and  regulate,  from 
time  to  time,  the  rates  of  dockage,  wharfage,  cranage,  tolls  ^^^es. 
and  rents ;  and  collect  such  an  amount  of  revenue  therefrom  as 
will  enable  the  commissioners  to  perform  the  duties  required 
of  them  by  authority  of  this  article.    The  commissioners  shall 
construct  such  number  of  wharves  as  the  wants  of  commerce 
shall  require,  and  shall  locate  such  wharves  at  such  points  and 
upon  such  lines  as  the  board  may  deem  most  suitable  for  the 
best  interests  of  commerce,  and  shall  repair  and  maintain  all 
the  wharves,  piers,  quays,  landings  and  thoroughfares  the 
wants  of  commerce  may  require,  and  generally  to  erect  all  such 
improvements  as  may  be  necessary  for  the  safe  landing,  loading 
and  unloading,  and  protection  of  all  classes  of  merchandise, 
and  for  the  safety  and  convenience  of  passengers  passing  into 
and  out  of  the  city  and  county  of  San  Francisco  by  water. 
And  for  the  purpose  of  repairing  said. wharves,  piers,  quays  Repairs, 
and  landings,  the  commissioners  are  hereby  authorized  and 
empowered  to  purchase  or  construct  pile-drivers,  and  the  neces- 
sary machinery  to  be  used  therewith,  and  employ  men  for 
operating  the  same;  nor  shall  any  such  wharf  be  constructed 
upon  such  place  or  line  as  will  cause  any  slip  or  dock  to  be  less 


12 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Works  for 
preserving 
piles. 


Proposals 
for  contract 
work. 


Advertise- 
ment to 
contain 
vi^hat. 


than  one  hundred  and  thirty-six  feet  wide  at  the  most  narrow 
point  between  the  wharves.  The  commissioners  are  hereby 
authorized  and  empowered  to  purchase  or  construct  works  for 
preserving  piles  and  timbers,  and  the  necessary  machinery  to 
be  used  therewith,  and  operate  said  works,  and  for  that  purpose 
to  employ  men  and  purchase  chemicals,  or  such  other  materials 
as  may  be  necessary  for  the  preserving  of  piles  and  timbers. 
The  purchase  of  chemicals  can  be  made  without  advertising 
for  proposals  therefor.  When  they  determine  that  a  new 
wharf  shall  be  erected,  or  any  other  necessary  improvement 
constructed,  -or  repairs  made,  or  dredging  machines,  pile- 
drivers,  scows,  steam  tugs,  or  any  necessary  machinery  or 
material  obtained,  the  costs  of  which  shall  exceed  three  thou- 
sand dollars,  they  shall  advertise  for  sealed  proposals  for  a 
period  not  less  than  ten  days,  in  one  or  more  of  the  daily 
newspapers  in  the  city  and  county  of  San  Francisco.  Every 
proposal  shall  be  accompanied  by  a  certified  check  for  an 
amount  equal  to  five  per  cent  of  the  amount  of  such  proposal, 
such  check  to  be  made  payable  to  the  order  of  the  secretary  of 
said  board ;  conditioned,  if  the  proposal  is  accepted  and  the  con- 
tract awarded,  and  if  the  bidder  shall  fail  or  neglect  to  execute 
the  contract  and  give  the  bond  required  within  six  days  after 
the  award  is  made,  in  that  case,  the  said  sum  mentioned  in 
said  check  shall  be  paid  into  the  state  treasury  by  said  secre- 
tary, as  liquidated  damages  for  such  failure  and  neglect,  as 
a  portion  of  the  San  Francisco  harbor  improvement  fund. 
Such  advertisement  shall  contain  a  general  description  of  the 
work  to  be  done,  the  material  to  be  used,  the  place  where  to 
be  used,  and  must  refer  to  specifications,  which  must  contain 
a  full  and  accurate  description  of  the  work  to  be  performed, 
the  material  to  be  used,  and  where  it  is  to  be  used;  which 
specifications  shall  be  kept  in  the  office  of  the  secretary  of  the 
board  in  such  manner  that  all  persons  may  inspect  the  same 
during  the  usual  business  hours  of  all  days  except  Sundays  and 
holidays.  On  a  day  named  in  the  advertisement,  the  commis- 
sioners shall  open  the  bids  in  the  presence  of  such  bidders  as 
are  present,  and  award  the  contract  to  the  lowest  bidder,  who 
shall  furnish  sufficient  sureties  to  guarantee  the  performance 
of  the  work.  If,  in  the  opinion  of  the  commissioners,  the  bids 
are  too  high,  they  may  reject  them,  and  advertise  anew  in  like 
manner  as  before.  If,  in  the  opinion  of  the  commissioners, 
the  second  bids  are  too  high,  they  may  reject  them  likewise, 
and  enter  into  contract  with  responsible  parties  without  giving 


LAWS  AND  S'l'ATIJTKS. 


13 


Y  con- 


further  notice.  Any  contract  imiitntil  into  without  giving 
public  notice  and  receiving  })i(]s,  must  })e  at  least  ten  j)er  cent 
lower  than  the  lowest  rejected  l)id.  The  board  may  construct  Mayc„. 
such  har})or  eml)ankment  or  seawall  as  shall  be  necessary  to  wlii'^^lmr 
protect  the  harbor  of  San  Francisco,  and  dredge  such  num})er  ' 
of  slips  and  docks  as  the  commerce  of  the  port  of  San  Fran- 
cisco may  reciuire,  to  a  depth  that  will  admit  of  the  easy  and 
free  ingress  and  egress  of  all  classes  of  watercraft  that  load 
and  discharge  cargoes  at  the  wharves,  piers,  quays,  landings, 
and  thoroughfare's  in  the  harbor  of  San  Francisco;  to  perform 
which  dredging  the  board  of  state  harbor  commissioners  are 
hereby  authorized  and  empow^ered  to  purchase  or  construct  Purcharse 

1      J    •  1  •  dredgers. 

dredging  machines,  scows,  sttiani  tugs,  and  the  necessary 
machinery,  and  employ  men  for  operating  the  same.  When 
any  portion  of  the  premises  described  in  this  article  shall  be 
dredged,  the  sand,  mud,  or  other  substance  shall  be  deposited 
in  a  place  designated  by  the  board,  in  not  less  than  fifteen 
fathoms  of  water.    All  classes  of  water  craft  that  use  or  make  oockage. 
fast  to  any  wharf,  pier,  quay,  landing,  or  thoroughfare,  and 
land  upon  or  load  therefrom  any  goods,  wares,  or  merchan- 
dise, shall  be  liable  and  must  pay  the  commissioners  such  rates 
of  dockage  as  shall  be  fixed  by  authority  of  this  article ;  and  all 
such  water  craft  as  shall  discharge  or  receive  any  goods,  wares, 
or  merchandise,  while  moored  in  any  slip,  dock,  or  basin  within 
the  jurisdiction  of  the  commissioners,  shall  pay  one  half  the 
regular  rates  of  dockage.    Any  water  craft  that  shall  leave  any  Penai.v  for 
wharf,  pier,  quay,  landing,  thoroughfare,  slip,  dock,  or  basin,  ouVptaf ' 
unless  forced  to  do  so  by  stress  of  weather,  without  first  paying 
the  dockage  due  from  such  vessel,  shall  be  liable  to  pav  double 
the  regular  rates.    The  charge  for  wharfage  and  tolls  shall  be  a  Tn„s  to  b. 
hen  upon  all  goods,  wares  and  merchandise  landed  upon  any  of 
the  wharves,  piers,  quays,  landings  or  thoroughfares  upon  the 
premises  described  in  this  article ;  and  the  commissioners,  their 
agents  or  lessees,  may  hold  possession  of  any  such  goods,  wares, 
or  merchandise  so  landed  as  aforesaid,  to  secure  the  payment 
of  such  wharfage  and  tolls ;  and  for  the  purpose  of  such  lien 
are  deemed  to  have  possession  of  such  goods,  ^vares  and  mer- 
chandise so  landed  until  such  charge  for  wharfage  and  tolls  are 
paid.    The  commissioners  shall  have  power  to  make  reasonable 
rules  and  regulations  concerning  the  control  and  manao'emeut  E»i«and 
of  the  property  of  the  state  which  is  intrusted  to  them  by'virtue 
of  this  article,  and  said  commissioners  are  hereby  authorized 
and  required  to  make,  without  delay,  and  from  time  to  time, 
and  publish  not  less  than  thirty  days  in  a  daily  newspaper  of 


14 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


For  poiice 
use. 

Quarantine 
and  health 
officers. 


For  ferry- 
boats. 


For  pas- 
sengers. 


general  circulation  published  in  the  city  and  county  of  San 
Francisco,  all  needful  rules  and  regulations  not  inconsistent 
with  the  laws  of  the  state  or  of  the  United  States  in  relation  to 
the  mooring  and  anchoring  of  vessels  in  said  harbor,  providing 
and  maintaining  free,  open,  and  unobstructed  passageways  for 
steam  ferryboats  and  other  steamers  navigating  the  waters  of 
the  bay  of  San  Francisco  and  the  fresh- water  tributaries  of  said 
bay  so  that  such  steamers  can  conveniently  make  their  trips 
without  impediment  from  vessels  at  anchor  or  other  obstacles. 
And  said  commissioners  may  also  make  all  needful  rules  and 
regulations  governing  the  removal  of  such  vessels  from  the 
wharves  and  other  landings,  and  from  slips  and  docks  as  are 
not  engaged  in  receiving  or  discharging  cargo,  prescribing  the 
time  during  which  goods,  wares,  and  merchandise  landed  upon 
any  wharf,  pier,  quay,  landing,  or  thoroughfare  shall  be  per- 
mitted to  remain  thereon,  and  may  divide  the  same  into  several 
classes,  and  may,  by  such  rules  and  regulations,  provide  that  in 
case  any  such  goods,  wares,  or  merchandise  remain  upon  any 
wharf,  pier,  quay,  landing,  or  thoroughfare  beyond  the  term 
so  prescribed,  the  respective  wharfinger  may,  under  the  order 
of  the  commissioners,  remove  and  deposit  the  same  in  a  suitable 
place,  at  the  charge,  risk,  and  expense  of  the  owner  thereof. 
When  any  goods,  wares,  or  merchandise  shall  have  remained 
upon  any  wharf,  pier,  quay,  landing,  or  thoroughfare  more 
than  twenty-four  hours,  the  commissioners  may,  in  their  discre- 
tion, charge  such  additional  rates  for  each  subsequent  day  as  in 
their  opinion  is  just  and  equitable.    The  commissioners  may,  in 
their  discretion,  set  apart  and  assign  for  the  exclusive  use  of  the 
water  craft  used  by  the  officers  of  the  federal  government,  such 
convenient  and  safe  landings  as  such  officers  may  require, 
together  with  suitable  premises  near  such  landings  as  may  be 
set  apart  and  assigned  for  their  use,  upon  which  premises  such 
officers  may  cause  to  be  erected  offices  and  storehouses  to  suit 
their  convenience;  and  the  commissioners  shall  charge  a  rea- 
sonable compensation  per  month  for  the  use  of  such  landings 
and  office  and  storehouse  premises ;  set  apart  and  assign  a  suit- 
able and  proper  locality  for  the  use  of  the  harbor  police  of  the 
city  and  county  of  San  Francisco,  and  also  a  suitable  place  for 
a  boat-house  station,  for  the  exclusive  use  of  the  quarantine  and 
health  officers  of  said  city  and  county,  without  compensation; 
set  apart  and  assign,  for  the  exclusive  use  of  steam  ferryboats, 
suitable  slips,  in  which  such  structures  may  be  erected  as  will 
secure  the  safe  and  convenient  landing  of  passengers  and  safe 
landing  and  delivery  of  freight ;  set  apart  and  assign  suitable 


IjAWS  and  STATrjTES. 


15 


wharves,  berths,  or  landings  for  the  exclusive  use  of  vessels;  to 
construct  suitable  sheds,  gates  and  other  temporary  structures 
as  may  be  necessary  for  the  safe  and  convenient  landing  of 
passengers  and  safe  landing  and  delivery  of  freight ;  and  set  men.^'''"'" 
apart  and  assign,  for  the  sole  and  exclusive  use  of  the  fishermen 
of  the  city  and  county  of  San  PVancisco,  such  place  or  places 
as  the  said  commissioners  shall  deem  proper,  sufficient,  and 
adapted  for  the  requirements  and  necessities  of  said  fishermen ; 
provided,  the  premises  set  apart  by  said  commissioners  shall  be 
used  only  for  the  legitimate  business  of  said  fishermen,  and  for 
no  other  purpose;  and  provided,  said  commission  shall  not 
charge  therefor  more  than  the  following  rates :  For  boats  over 
twenty-two  feet  and  under  forty  feet  long,  one  dollar  per  week ; 
for  boats  from  sixteen  to  twenty-two  feet  long,  seventy-five 
cents  per  week;  and  for  all  boats  less  than  sixteen  feet  long, 
twenty-five  cents  per  week.  The  commissioners  may  assign 
suitable  places  for  the  landing  of  horses,  cattle,  sheep,  swine;  For  horses, 
and  when  such  places  have  been  assigned,  it  shall  be  a  misde- 
meanor  for  a  commander  of  any  water  craft  to  land  any  greater 
number  than  ten  at  any  one  time  from  any  water  craft  at  any 
other  place.  The  commissioners  may  set  apart,  for  the  uses 
and  purposes  of  dry  docks  and  marine  railways,  such  portions 

For  marine 

of  the  water  front  northwesterly  of  the  northerly  end  of 
Kearny  street,  and  southerly  of  the  easterly  end  of  Solano 
street,' as  the  wants  of  commerce  may  require.  The  commis- 
sioners shall  not  have  the  right  to  renew  any  lease,  or  to  lease  Lease  of 
any  premises  under  their  control  for  any  purpose  whatever. 
except  as  otherwise  specially  provided,  but  they  may  permit 
any  property  under  their  control  to  be  used  by  any  corporation, 
firm,  association,  person,  or  company,  but  in  no  case  shall  any 
corporation,  firm,  association.,  person,  or  company  enjoy  the  use 
of  any  of  the  property  under  the  commissioners'  charge,  except 
such  use  as  shall  be  terminated  as  herein  provided ;  and  the  said 
commissioners  may  condemn,  purchase,  and  pay  a  reasonable 
compensation  for  such  structures  as  may  have  been  erected 
upon  the  said  premises,  which  structures,  in  the  opinion  of  the 
board  and  engineer  may  be  useful  for  such  commercial  purposes 
as  this  article  is  intended  to  promote.  Xo  person  or  company  ™sto 
shall  land  or  remove  any  goods,  wares  or  merchandise,  or  other 
things,  upon  or  from  any  wharf,  pier,  quay,  landing,  or 
thoroughfare  situated  upon  the  premises  described  in  this 
article;  nor  shall  any  corporation,  firm,  association,  company 
or  person  collect  dockage,  Avharfage,  cranage,  or  toll  within 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


the  boundaries  of  the  premises  described  in  this  article,  with- 
out first  obtaining  permission  to  do  so  from  said  commissioners. 
Any  use  permitted  of  the  property  by  the  commissioners  may 
be  terminated  at  any  time  by  them,  on  thirty  days'  previous 
notice  to  the  party  or  parties  so  using  the  same.    Said  board 
may,  when  the  wants  of  commerce  require,  lay  down  such 
number  of  tracks  along  and  on  any  portion  of  said  water  front 
as  may  be  necessary  to  meet  such  wants,  and  permit  the  use 
thereof  to  any  corporation  or  association,  or  any  person  or 
persons,  under  such  rules,  regulations,  and  at  such  compensa- 
tion as  said  board  may  determine ;  and  make  such  agreements 
with  persons,  firms  and  corporations  owning  spur  or  industry 
tracks  relative  to  the  use  by  the  state  of  such  tracks  as  said 
board  may  determine  to  be  necessary ;  provided,  that  no  special 
privileges  shall  be  awarded  thereon  to  any  corporation,  associa- 
tion, person  or  persons;  provided,  that  nothing  herein  shall 
apply  to  or  restrict  the  use  of  any  premises  leased  for  terminal 
facilities  under  or  by  reason  of  an  act  of  the  legislature  entitled 
'^An  act  to  amend  an  act  entitled  'An  act  to  amend  an  act 
entitled  ''An  act  to  amend  section  six  of  an  act  entitled  'An 
act  concerning  the  water  front  of  the  city  and  county  of  San 
Francisco,'  approved  March  fifteenth,  eighteen  hundred  and 
seventy-eight,  and  to  confer  further  powers  upon  the  board 
of  state  harbor  commissioners,"  approved  March  seventeenth, 
eighteen  hundred  and  eighty,'  approved  March  nineteenth, 
eighteen  hundred  and  eighty-nine,  conferring  further  powers 
upon  said  board,"  approved  March  twenty-sixth,  eighteen 
hundred  and  ninety-five,  and  which  has  not  been  declared 
forfeited  by  the  board  of  harbor  commissioners ;  and  provided, 
further,  that  switches  from  said  railroad  track  or  tracks  may, 
with  the  permission  of  said  board,  and  under  the  limitations 
and  conditions  of  this  act,  be  constructed  by  corporations,  or 
any  person  or  persons,  leading  to  any  warehouse  or  place  of 
business.    Nor  shall  any  person  or  company  place,  or  cause  to 
be  placed,  any  obstructions  in  that  portion  of  the  bay  of  San 
Francisco  described  in  this  article,  nor  upon  any  wharf,  pier, 
quay,  landing,  or  thoroughfare,  without  the  consent  of  the 
board.    Whenever  any  wharf,  pier,  quay,  landing,  or  thorough- 
fare in  the  harbor  of  San  Francisco  shall  be  incumbered,  or 
their  free  use  interfered  with,  by  goods,  wares,  merchandise, 
or  other  substance,  whether  loose,  or  built  upon,  or  fixed  to 
any  such  wharf,  pier,  quay,  landing,  or  thoroughfare,  it  shall 
be  the  duty  of  the  commissioners  to  notify,  in  writing  (which 


LAWS  AND  STATUTES.  17 

service  may  be  served  by  a  wharfinger,  or  the  secretary  or 
assistant  secretary  of  the  board),  the  owner,  agent,  or  occupant, 
or  person  placing  or  keeping  such  obstruction  thereon,  to 
remove  the  same  within  twenty- four  hours  after  the  serving  of  ^'ouce  to 

*^  remove 

such  notice ;  and  in  case  of  failure  to  comply  with  such  notice,  non'^''' 
and  remove  such  obstructions,  the  owner,  agent,  occupant,  or 
person  notified  shall  be  liable  to  pay  the  commissioners  the  sum 
of  twenty-five  dollars  for  each  and  every  day  during  which 
such  obstruction  shall  remain  upon  any  such  wharf,  pier,  quay, 
landing,  or  thoroughfare;  and  the  commissioners  shall  have 
power,  in  their  discretion,  to  remove  any  such  incumbering 
substance,  and  store  the  same  in  any  suitable,  convenient,  and 
safe  place,  and  a  sum  equal  to  the  amount  of  the  expenses  of 
the  removal,  together  with  all  other  necessary  charges,  shall 
be  paid  by  the  owner  of  such  incumbering  substance  to  the 
commissioners,  and  such  sum  and  necessary  charges  shall  be  a 
lien  on  such  substance  until  paid.  Dockage  shall  not  be  col- 
lected on  any  vessel  lying  at  anchor  outside  of  dock,  wharf,  or 
slip.  Nothing  in  this  section  shall  be  construed  as  authorizing  Railroads 
the  board  of  harbor  commissioners  to  construct  any  railroad 
along  and  upon  any  open  canal  extending  inland  from  said 
water  front.  But  said  harbor  commissioners  may,  when  a 
water  front  railroad  shall  be  constructed  by  them,  construct 
the  same  across  the  outlet  of  such  open  canals.  [Amendment 
approved  March  10,  1909;  Statutes  and  Amendments  1909, 
p.  237.] 

People  vs.  Pacific  R.  M.  Co.,  60  Cal.  326 ; 

People  vs.  Francisco  G.  L.  Co.,  60  Cal.  350' 

People  vs.  Williams,  64  Cal.  502; 

Ford  vs.  Harhor  Commissioners,  81  Cal.  30,  35  36  * 
People  vs.  Roberts,  92  Cal.  664 ;  '      ^  » 

Payne  vs.  English,  101  Cal.  15; 
Morton  vs.  Pacific  Coast  S.  S.  Co.,  122  Cal.  352. 

SEC.  2524a,  POLITICAL  CODE. 

The  board  of  state  harbor  commissioners  shall  have  power  to  Power  of 
set  apart  and  assign  any  property  under  their  control,  for  a  ^^^^'^^ 

.  f    X       X  7  commis- 

period  not  exceeding  ten  years,  to  any  corporation,  club  or  llTSlvt 
association  organized  for  the  purpose  of  developing  and  pro-  for  aquatic 
moting  aquatic  sport ;  provided,  that  no  property  shall  be  set 
apart  under  provisions  of  this  section  to  any  corporation,  club, 
or  association  the  object  of  which  is  pecuniary  profit ;  and  pro- 
vided, further,  that  when  any  property  has  been  set  apart 
under  the  provisions  of  this  section  to  any  corporation,  club  or 
association,  and  such  corporation,  club  or  association  shall 
cease  to  be  actively  engaged  in  the  prosecution  of  the  object 


2—11204 


18 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


and  purposes  for  which  it  was  organized  or  incorporated,  such 
assignment  shall  thereupon  cease  and  determine  as  to  such 
corporation,  club,  or  association.    [Statutes  1907,  p.  43.] 

SEC.   2525,    POLITICAL   CODE.     EXTENSION   AND   SUPERVISION  OF 
STREETS  ALONG  WATER  FRONT. 

The  board  of  state  harbor  commissioners  are  authorized  to 
extend  any  of  the  streets  lying  along  the  water  front  of  said 
city  and  county,  to  a  width  not  exceeding  one  hundred  and 
fifty  feet,  where  they  have  not  been  already  so  extended.  The 
outer  half  of  such  streets  must  be  constructed  or  built  and 
maintained  in  good  repair  by  the  state  harbor  commissioners, 
or  parties  holding  under  them,  and  may  be  used  as  a  landing 
place  or  pier,  on  which  dockage,  wharfage  and  tolls  may  be  col- 
lected. And  until  such  extensions  are  made  the  commissioners 
may  have  and  use  as  a  lan'ding  place,  with  full  power  to  collect 
dockage,  wharfage,  and  tolls  thereon,  so  much  of  the  streets 
now  fronting  upon  the  water  front  as  may  be  used  for  such 
purpose  without  obstructing  the  same  as  a  thoroughfare.  The 
inner  half  of  such  streets  shall  be  constructed  and  maintained 
in  good  repair  by  the  owners  of  the  lots  abutting  thereon  and 
the  city  and  county  of  San  Francisco.  The  commissioners  are 
authorized  to  construct,  across  the  outer  half  of  said  streets,  an 
extension  of  the  sewers  of  said  city  and  county.  If  it  be  neces- 
sary to  take  any  land  for  the  purpose  of  widening  any  such 
street,  the  commissioners  are  hereby  authorized  to  institute  and 
prosecute  to  final  determination  proceedings  therefor  in  con- 
formity with  the  provisions  of  part  III,  title  VII,  of  the  Code 
of  Civil  Procedure,  and  to  pay  such  compensation  as  may  be 
assessed  for  such  land  taken.  When  it  becomes  necessary  for 
the  commissioners  to  construct  any  wharves  on  the  line  of  the 
water  front,  they  are  authorized  to  adopt  and  pay  for  any 
structures  which  would  form  part  of  such  wharves,  and  which 
have  been  constructed  along  such  line  by  private  parties  prior 
to  the  passage  of  this  act.  [Amendment  approved  April  3, 
1876;  Amendments,  1875-76,  p.  51;  took  effect  from  passage.] 

People  vs.  Pacific  R.  M.  Co.,  60  Cal.  326 ; 
People  vs.  San  Francisco  G.  L.  Co.,  60  CaL  350. 

SEC.  2526,  POLITICAL  CODE.     LIMIT  OF  MONEY  TO  BE  COLLECTED, 

No  greater  amount  of  money  shall,  in  the  main,  ever  be  col- 
lected, by  .the  collection  of  dockage,  wharfage,  tolls,  rents,  and 
byboaid      cranage,  than  shall  be  necessary  to  construct  and  keep  in 
repair  such  number  of  wharves,  piers,  landings,  and  thorough- 


Commis- 
sioners 
may  buy 
private 
structures. 


Limit  of 
money 
to  be 
collected 


LAWS  AND  STATUTES. 


19 


fares,  construct  sheds,  dredge  such  number  of  slips  and  docks, 
construct  a  seawall  and  harbor  embankment,  and  pay  inci- 
dental expenses  allowed  to  be  paid  by  this  article.  [Amend- 
ment approved  February  28,  1876 ;  Amendments  1875-6,  p.  43 ; 
took  effect  from  passage.] 

Bat  email  vs.  Colgan,  111  Cal.  583. 

SEC.  2527,   POLITICAL  CODE.     REQUISITES  OF  VALID  CONTRACTS. 

No  contract  or  obligation  entered  into  by  the  harbor  commis-  contracts; 

when  valid 

sioners,  which  creates  a  liability  or  authorizes  the  payment  of 
money,  shall  be  valid  or  of  binding  force  unless  signed  by  all 
three  of  the  commissioners,  and  countersigned  by  the  secretary 
of  the  board ;  nor  shall  any  contract,  involving  the  payment  of 
money,  be  made  by  the  said  commissioners  unless  the  amount 
then  to  the  credit  of  the  harbor  improvement  fund,  together 
with  the  revenue  estimated  to  accrue  up  to  the  time  of  the 
maturity  of  such  contract,  over  and  above  the  current  expenses 
of  the  commission,  be  sufficient  to  meet  the  payments  to  become 
due  thereon;  provided,  such  estimate  of  revenue  shall  be  lim- 
ited, as  to  time,  to  fifteen  (15)  years.  Where  the  work  to  be 
done  is  the  construction  of  a  new^  wharf,  bulkhead,  or  break-  ot^nlw^^^'^ 
water  and  its  appurtenances,  the  board  may  lease  said  wharf, 
bulkhead,  or  breakwater  and  its  appurtenances  for  a  period 
not  to  exceed  fifteen  years,  and  for  an  amount  not  to  exceed 
the  cost  of  constructing  said  work,  the  rents  therefrom  to  be 
applied,  in  whole  or  in  part,  in  payment  for  the  cost  of  such 
construction,  and  said  board  may  provide  in  the  contracts 
for  the  same  that  the  rents  therefrom  shall  be  so  applied,  or 
the  work  be  paid  for,  in  whole  or  in  part,  from  such  rents  and 
revenues. 

Sec.  2.  All  leases  hereunder  shall  be  made  upon  competi-  leases, 
tive  bids  after  such  public  advertisement  as  the  commissioners 
shall  deem  sufficient,  inviting  proposals  or  bids  therefor,  and 
shall  be  awarded  to  the  person  who  will  pay  the  amount 
required  to  construct  such  improvement,  and  execute  and  take 
a  lease  thereof  for  the  shortest  period  of  sUch  time.  [Statutes 
1903,  p.  270;  in  effect  March  20,  1903.] 

Talcott  vs.  Blanding,  54  Cal.  292; 

Ford  vs.  Harbor  ' Commissioners,  81  Cal.  23; 

Bateman  vs.  Colgan,  111  Cal.  583 ; 

Pac.  Coast  S.  S.  Co.  vs.  Kimball,  114  Cal.  415. 


/ 


20 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


SEC.  2528.  POLITICAL  CODE.     DISPOSITION  OF  MONEYS  COLLECTED. 


Disposition 
of  moneys 
collected. 


Sum  to  be 
retained 
for  urgent 
repairs. 


All  moneys  collected  shall  be  paid  into  the  state  treasury, 
and  be  credited  to  the  San  Francisco  harbor  improvement 
fund,  at  least  once  in  each  month,  except  so  much  thereof  as 
may  be  necessary  to  pay  the  salaries  of  officers,  office  rent, 
cost  of  office  furniture,  books,  stationery,  lights,  fuel,  expense 
of  dredging,  expense  of  pile-driving  and  piles,  expense  of  pre- 
serving piles  and  timber,  cleaning  the  wharves  and  bulkheads, 
legal  and  other  incidental  expenses,  and  in  addition  ten  thou- 
sand dollars  per  month  for  urgent  repairs,  which  last  sum,  if 
so  much  be  required,  may  be  used  in  repairing  the  wharves, 
piers,  landings,  thoroughfares,  sheds,  and  other  structures,  and 
the  streets  bounding  on  the  water  front  under  the  jurisdiction 
of  the  board,  without  advertising  for  proposals  therefor.  Such 
moneys  may  be  remitted  to  the  state  treasurer  by  express. 
[Political  Code,  amendment  approved  June  14^  1906;  Statutes 
1906,  p.  38;  this  section  modified  by  Statutes  1899,  p.  110.] 
Bateman  vs.  Colgan,  111  Cal.  580,  583. 


Commis- 
sioners 
to  take 
vouchers. 


Payments 
to  be  made 
by  drafts  on 
controller. 


Order,  how 
to  be 
signed. 


SEC.  2529,  POLITICAL  CODE.   VOUCHERS,  DRAFTS  AND  WARRANTS. 

The  commissioners  shall  take  vouchers  for  all  sums  of 
money  by  them  expended  under  the  authority  of  this  article, 
excepting  fifty  dollars  per  month  for  postage  stamps,  express, 
and  other  incidental  expenses,  and  safely  keep  the  same  on 
file  in  the  office  of  the  board.  For  all  sums  of  money  paid  by 
the  commissioners,  excepting  those  mentioned  in  section 
twenty-five  hundred  and  twenty-eight,  drafts  shall  be  drawn 
by  them  on  the  controller  of  state,  countersigned  by  the  secre- 
tary of  the  board,  and  the  controller  of  state  shall  draw  his 
warrant  on  the  state  treasurer,  who  shall  pay  the  same  out  of 
any  money  in  said  treasury  credited  to  the  San  Francisco  har- 
bor improvement  fund.  No  warrant  shall  be  drawn  by  the 
controller  upon  the  treasurer  of  the  state,  as  provided  in  this 
action,  unless  the  order  bears  the  signatures  of  all  three  com- 
missioners, and  of  the  secretary  of  the  board.  [Amendment 
approved  February  28,  1876 ;  Amendments  1875-6,  p.  44;  took 
effect  from  passage.] 
53  CaL  201. 


LAWS  AND  STATUTES. 


21 


SEC.  2530,   POLITICAL  CODE.     REPORTS  AND  RECEIPTS. 

On  the  payment  to  the  state  treasurer  of  any  sum  of  money,  f^^''^^^^^^^^^^ 
the  secretary  and  the  state  treasurer  must  report  to  the  state  Jf^te^^ 
controller  the  amount  so  paid,  and  the  treasurer  must  give  the 
secretary  a  receipt  for  the  same.  Such  payments  shall  be  con- 
sidered as  payments  into  the  state  treasury,  and  the  treasurer 
shall  be  responsible  on  his  official  bond  therefor.  [Amendment 
approved  March  21,  1887 ;  Statutes  and  Amendments  1887, 
p.  222;  partially  repealed,  Statutes  1899,  p.  110,] 

SEC.  2531,  POLITICAL  CODE.     EX  OFFICIO  MEMBERS  OF  BOARD. 

The  governor  of  the  state  and  the  mayor  of  the  city  and  ex  omcio 

^  ^         „  .  members 

county  ot  ban  J^'rancisco  are  hereby  made  ex  officio  additional  ^^^^d- 
members  of  the  board  of  state  harbor  commissioners,  for  the 
special  purposes  herein  mentioned,  and  shall  take  part  in  the 
action  of  the  board  as  hereinafter  provided.  [A^ne^idment 
approved  February  28,  1876;  Amendments  1875-76,  p.  45; 
took  ejfect  from  passage.] 

Ford  vs.  Harbor  Commissioners,  81  Cal.  34. 

SEC.  2532,  POLITICAL  CODE.     NEW  SEAWALL  FOR  SAN  FRANCISCO 
HARBOR. 

The  board  of  state  harbor  commissioners  are  hereby  author- 

To  make 
survey  for 

ized  and  empowered  and  directed,  within  six  months  from  and  seaViiT 
after  the  passage  of  this  act,  to  employ  two  consulting  civil 
engineers,  to  act  in  concert  with  the  engineers  of  the  board,  to 
make  a  survey,  select,  and  locate  a  new  line  for  a  harbor 
embankment  or  seawall,  and  make  a  report  of  their  doings  to 
said  commissioners,  who  shall,  after  receiving  the  same,  appoint  special 

„  .  7     jrxr  meeting 

a  time  lor  holding,  at  the  office  of  the  board,  a  special  meeting 
of  the  board,  to  consider  the  question  of  the  adoption  or  rejec- 
tion of  the  same.    The  board  shall,  at  least  ten  davs  previous  ^^ouce 

p  X  such 

to  said  meeting,  notify  the  governor  of  the  state  and  the  mayor  meeting, 
of  the  city  and  county  of  San  Francisco,  of  the  time,  place,  and 
object  of  said  meeting  of  said  board,  and  shall  request  them  to 
be  present  and  take  part  in  the  consideration  of  the  question ; 
and  at  said  meeting,  or  any  adjourned  meeting  thereof,  the 
governor  and  mayor  shall  be  deemed  additional  members  of  S?d  mlyor 
said  board,  with  like  powers  and  rights  as  the  other  members  uonai^'mem- 
thereof .    If  they  are  not  present  at  the  meeting  the  board  shall 
adjourn  to  a  day  certain,  and  notify  them  anew,  as  before :  and 


22 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Adiovirned 
meeting. 


Establish- 
ment of  line 
of  seawall. 


Moneys, 
how  kept 
by  treasurer 
of  state. 


San  Fran- 
•cisco  harbor 
improvement 
fund. 


Drafts  on 
such  fund. 


if  either  be  present  at  the  adjourned  meeting,  with  three  com- 
missioners, action  may  be  had,  and  an  affirmative  vote  of  all 
four  present  shall  determine  the  question ;  any  less  vote  shall 
be  a  negative  vote.  But  the  board  may  order  new  surveys  and 
location,  which  may  be  adopted  or  rejected  in  like  manner  as 
before.  If  the  vote  is  in  the  affirmative,  the  line  adopted  shall 
be  thenceforth  the  line  of  the  harbor  embankment  and  seawall 
of  the  port  of  San  Francisco.  [Amendment  approved  Febrit' 
arij  28,  1876;  Amendments  1875-6,  p.  45;  took  effect  from 
passage.] 

SEC.  2533,  POLITICAL  CODE.    SAN   FRANCISCO   HARBOR  IMPROVE- 
MENT FUND. 

On  and  after  the  passage  of  this  act  the  treasurer  of  the 
state  shall  keep  the  money  remitted  to  him  by  the  board  of 
state  harbor  commissioners,  to  the  credit  of  a  fund  to  be  known 
as  the  San  Francisco  harbor  improvement  fund.  All  moneys 
in  the  state  treasury  to  the  credit  of  the  state  wharf  and  dock 
fund  shall  be  transferred  by  the  state  treasurer  to  the  San 
Francisco  harbor  improvement  fund,  and  the  state  wharf  and 
dock  fund  account  shall  be  closed,  and  the  state  treasurer  shall 
notify  the  board  of  such  transfer,  after  which  all  drafts  drawn 
by  the  board  shall  be  paid  by  the  treasurer  out  of  the  San 
Francisco  harbor  improvement  fund.  [Amendment  approved 
February  28,  1876;  Amendments  1875-6,  p.  45;  took  effect 
from  passage.] 


state  treas- 
urer to  have 
charge  and 
to  keep 
account  of 
the  San 
Francisco 
harbor  im- 
provement 
fund. 


SEC.    2534,    POLITICAL    CODE.  (REPEALED.) 

SEC.    2535,     POLITICAL    CODE.    STATE    TREASURER'S  RECEIPTS. 
DISBURSEMENTS    AND    ACCOUNT  BOOKS. 

The  state  treasurer  shall  receive  all  moneys  paid  by  the  state 
harbor  commissioners,  and  keep  the  same  in  a  separate  fund, 
to  be  known  as  the  San  Francisco  harbor  improvement  fund, 
and  pay  the  same  out  as  provided  for  in  this  article ;  and  shall 
keep  an  accurate  account  of  all  moneys  received  by  him  and 
paid  out,  under  the  authority  of  this  article,  in  books  kept 
solely  for  that  purpose,  which  said  books  shall  be  open  at  all 
times  to  the  inspection  of  the  governor  and  controller  of  state, 
and  of  any  committee  appointed  by  the  legislature,  or  by  either 
branch  thereof.  [Amendment  approved  Fehruary  28,  1876; 
Amendments  1875-6,  p.  46;  took  effect  from  passage.] 


LAWS  AND  STATUTES. 


23 


SEC.   2536.    POLITICAL    CODE.     PROPOSALS   AND   CONTRACTS  FOR 
CONSTRUCTION   OF   NEW  SEAWALL. 

When  the  commissioners  determine  to  construct  any  part  of  ^Hfllf 
the  seawall,  they  must  advertise  for  sealed  proposals  for  not  proposals 

.  for  con- 

less  than  thirty  days  in  not  less  than  two  daily  papers  m  ban  f^^^^^^  of 

Francisco.    The  advertisement  must  give  a  full  and  accurate  AdvertLse- 

ment,  what 

description  of  the  work  to  be  done,  the  place  where  to  be  done,  contain, 
and  the  material  to  be  used.    On  the  day  stated  in  the  adver-  opening 

of  bids. 

tisement  the  bids  must  be  opened  in  the  presence  oi  such 
bidders  as  are  present,  and  the  contract  awarded  to  the  lowest 
bidder,  who  shall  give  a  bond,  with  two  or  more  responsible  J^j^p^^^^f^^ 
sureties,  to  be  approved  by  the  commissioners,  for  the  due  per- 
formance  of  the  work.    Their  approval  must  be  indorsed  on 
said  bond.    If,  in  the  opinion  of  the  commissioners,  the  bids 
are  too  high,  they  shall  reject  them  and  advertise  anew,  in  like  ^^{f^;/j^f^^ 
manner  as  before.    And  if,  in  the  opinion  of  the  commissioners, 
the  second  bids  are  also  too  high,  they  shall  reject  them  like- 
wise, and  may  enter  into  a  contract  with  responsible  parties, 
without  giving  further  notice.    The  parties  entering  into  a  ^^nd  on 
private  contract  with  the  commissioners  must  give  a  bond,  with  contract, 
two  or  more  responsible  persons  as  sureties,  to  be  approved  by 
the  commissioners,  which  approval  shall  be  by  writing,  indorsed 
upon  said  bond,  conditioned  for  the  faithful  performance  of 
the  contract.    But  the  consideration  agreed  to  be  paid  in  any  Limitation 

as  to  private 

contract  entered  into  without  giving  public  notice  must  be  five  contract. 

per  cent  lower  than  the  lowest  responsible  bid  rejected.  The 

work  to  be  performed  under  any  one  contract  shall  not  exceed  contract 

^  ^  to  exceed 

one  thousand  lineal  feet  of  harbor  embankment  or  seawall.  Jf^^s^eaS. 
But  the  commissioners  may  enter  into  as  many  contracts  at  the 
same  time  as  they  deem  expedient ;  provided,  the  amount  in  alTo"con-"^ 
the  harbor  improvement  fund,  together  with  the  revenue  esti- 
mated  to  accrue  pursuant  to  section  twenty-five  hundred  and 
twenty-seven  of  the  Political  Code,  shall  be  sufficient  to  meet 
the  contract  price  of  such  work,  after  deducting  the  current 
expenses  of  the  commission  and  the  amount  required  for  the 
erection  and  repair  of  the  wharves,  dredging  the  docks  and 
slips,  and  for  incidental  expenses;  but  in  no  event  shall  the 
state  be  liable  on  such  contracts  for  any  deficiency  in  the  har- 
bor improvement  fund.    Separate  contracts  may  be  entered  S^ojfJ,'^^- 
into  for  the  dredging  of  a  channel  for  the  reception  of  the  rock  contacts, 
required  for  construction  of  a  harbor  embankment;  provided, 
that  the  advertising  of  sealed  proposals,  the  receiving  and  fj'^p^J^^^^ 
opening  of  bids,  and  the  awarding  of  contracts  required  in  this 


24 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Commis- 
sioners may 
dredge. 


Require- 
ments of 
contract. 


Notice  of 
meeting  to 
governor 
and  mayor. 


Additional 
members  of 
board. 


Consent  of 
governor 
or  mayor. 


No  commis- 
sioner or 
appointee 
to  be  in- 
terested in 
contract. 


Proposals 
to  be  accom- 
panied by 
check. 


Checks  to  be 
forfeited  on 
failure  to 
give  bond. 


Contracts  to 
provide  for 
no  Chinese 
employment. 


section  shall  be  complied  with  in  the  letting  of  such  work  in 
separate  contracts.  The  commissioners  may,  if  in  their 
opinion  it  will  be  more  economical,  dredge,  with  the  dredge 
belonging  to  the  state,  the  channel  necessary  for  the  reception 
of  the  stone  used  in  the  construction  of  the  seawall.  No  con- 
tractor who  enters  into  a  contract  to  construct  any  portion  of 
said  seawall  shall  be  required  to  commence  the  work  in  less 
than  thirty  days  after  the  awarding  of  the  contract.  The 
board  shall,  at  least  ten  days  previous  to  the  holding  of  any 
meeting  as  provided  in  this  section,  notify  the  governor  of  the 
state  and  mayor  of  the  city  and  county  of  San  Francisco  of  the 
time  and  place  and  object  of  the  meeting,  and  request  them  to 
be  present  and  take  part  therein ;  and  at  said  meeting  the  gov- 
ernor and  mayor  shall  be  deemed  additional  members  of  said 
board,  with  like  powers  and  rights  as  the  other  members 
thereof ;  and  no  contract  shall  be  entered  into  under  the  author- 
ity of  this  section  without  the  consent  of  either  the  governor  or 
mayor.  Neither  the  commissioners  nor  their  appointees  shall 
be  interested  in  any  contract  for  the  erection  or  repairing  of 
any  work  upon  the  premises  described  in  this  article.  Any 
commissioner  or  appointee  who  shall  be  interested  is  guilty  of 
a  felony.  Every  proposal  shall  be  accompanied  by  certified 
check  for  an  amount  equal  to  fiv6  per  cent  of  the  amount  of 
such  proposal,  to  be  made  payable  to  the  order  of  the  secretary 
of  the  board,  conditioned  that  if  the  proposal  is  accepted  and 
the  contract  awarded,  and  if  the  bidder  shall  fail  or  neglect  to 
execute  the  contract  and  give  the  bond  required  within  six  days 
after  the  award  is  made,  in  that  case  said  sum  mentioned  in 
said  check  shall  be  deemed  liciuidated  damages  for  such  failure 
and  neglect,  and  shall  be  paid  into  the  San  Francisco  harbor 
improvement  fund,  and  all  contracts  made  pursuant  to  this 
title  shall  provide,  under  penalties  of  forfeiture  of  contract,  at 
the  option  of  the  commissioners,  that  no  Chinese  or  Mongolian 
labor  shall  be  employed  on  such  work.  [Amendment  approved 
March  19,  1878;  Amendments  1877-8,  p.  48;  took  ejfect  from 
passage.] 


Commis- 
sioners to 
make  report 
to  governor 
every  two 
years. 


SEC.    2537,  POLITICAL 
GOVERNOR. 


CODE.    REPORT    OF    COMMISSIONERS  TO 


The  commissioners  shall,  on  or  before  the  first  day  of  Novem- 
ber, A.  D.  eighteen  hundred  and  seventy-seven,  and  every  two 
years  thereafter,  make  to  the  governor  a  full  report  of  all 
moneys  by  them  received  and  disbursed,  stating  specifically 


LAWS  AND  STATUTES. 


25 


for  what  the  same  was  received  and  for  what  purpose 
expended,  and  shall  give  a  concise  account  of  all  improvements 
made,  and  the  general  condition  of  the  property  under  their 
charge.  [Amendment  approved  February  28,  1876;  Amend- 
ments 1875-6,  p.  47;  took  effect  from  passage,] 

SEC.    2538,    POLITICAL    CODE.    MAPS    OF    CHANGES    IN    LINES  OF 
WATER   FRONT  OR  STREETS. 

In  case  the  lines  of  the  water  front  of  the  city  and  county  of  m  case  of 
San  Francisco,  or  the  lines  of  any  of  the  streets  of  said  city  and  l'?*"^ 
county  ending  at  said  water  line,  shall  be  changed  by  authority  SElp. 
of  this  article,  the  commissioners  shall  cause  to  be  made  two 
accurate  maps  of  survey  showing  such  change,  which  maps 
shall  be  dated,  certified,  and  signed  by  the  engineer  of  the 

Such  map 

board  and  commissioners,  and  one  filed  in  the  office  of  the 
recorder  of  said  city  and  county,  and  the  other  in  the  office  of 
the  board.  After  being  so  filed,  they  shall  be  considered  and 
treated  as  official  maps  by  all  courts  of  record  in  the  state. 
[Amendment  approved  Felruarij  28,  1876;  Amendments 
1875-6,  p.  48;  took  effect  from  passage.] 

SEC.    2539,    POLITICAL    CODE.    OFFICE    AND    DUTIES    OF  CHIEF 
WHARFINGER.  '-nitr- 

The  chief  wharfinger  shall  keep  an  office  in  some  convenient  omce  of 
place  upon  the  city  front,  between  Market  and  Pacific  streets,  '^^^^^^^^^^r, 
which  shall  be  kept  open  every  day  (Sundays  and  holidays 
excepted)  from  seven  a.  m.  till  six  p.  m.    The  commissioners 
shall  furnish  a  suitable  building  for  an  office,  for  the  exclusive 
use  of  said  chief  wharfinger  and  assistant  chief  wharfinger, 
with  suitable  office  furniture.    It  shall  be  the  duty  of  the  chief  duties 
wharfinger  to  execute  and  enforce  the  rules  and  regulations  °^*^^aJflnger. 
which  may  be  established  by  said  board  of  state  harbor  com- 
missioners pursuant  to  the  provisions  of  this  article.    And  it 
shall  be  the  duty  of  all  pilots,  masters  of  tugboats,  masters, 
owners  and  consignees  of  vessels,  to  obey  all  lawful  orders  and 
directions  of  the  chief  wharfinger  in  relation  to  the  stationing, 
anchoring  and  removing  of  vessels  under  and  pursuant  to  such 
rules  and  regulations.    The  chief  wharfinger  is  empowered  to  Powers 
determine  cases  of  collision,  by  consent  of  all  parties  interested,  ^iS^U, 
and  where  damages  do  not  exceed  three  hundred  dolJars  the 
decision  is  final.    [Amendment  approved  February  28,  1876; 
Amendments  1875-76,  p.  48;  took  effect  from  passage.] 

People  vs.  Fairfield,  90  Cal.  186,  187; 

Union  Transportation  Co,  vs.  Bassett,  118  Cal.  604. 


26 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


SEC    2540,  POLITICAL  CODE.    DUTIES  OF  CHIEF  WHARFINGER  AS 
TO  ABANDONED  WATER  CRAFT  AND  BOATS  ADRIFT. 

Additional       In  addition  to  the  duties  required  to  be  performed  by  the 

duties  and  .        ,  ,  .   ,  t         ,  i  • 

rS  chief  wharfinger  by  any  section  m  this  article  preceding  this 
rbaSioned  sectiou,  hc  shall  take  in  charge  all  abandoned  water  craft  and 
all  boats  picked  up  adrift,  and  secure  the  same,  after  which  he 
shall  advertise,  for  one  week,  in  one  of  the  daily  newspapers 
printed  in  the  city  and  county  of  San  Francisco,  giving  the  full 
particulars  pertaining  to  the  same,  and  request  all  parties 
interested  to  appear  and  establish  their  title  or  claim  thereto, 
within  twenty  days  from  the  last  publication.  If  claimed 
within  said  period,  such  property  shall  be  delivered  to  the 
owner  on  payment  of  all  costs  of  removing,  securing,  and 
To  be  sold  if  advertising  the  same.  If  not  claimed  within  said  period,  or  if 
the  owner  fails  to  pay  the  charges,  such  property  shall  be  sold 
by  the  chief  wharfinger  to  the  highest  bidder,  at  public  auction, 
and  the  proceeds,  less  the  costs,  shall  be  paid  the  owner,  if 
claimed  by  him,  or  if  not  claimed  by  the  owner,  shall  be  paid 
to  the  board  of  state  harbor  commissioners ;  but  the  owner  shall 
be  entitled  to  receive  from  said  board  the  amount  so  paid,  if 
he  shall  claim  the  same  within  one  year  from  the  date  of  said 
payment.  For  the  purposes  of  this  section,  the  harbor  of  San 
Francisco  shall  be  the  tide  waters  of  the  city  and  county  of 
San  Francisco,  and  the  jurisdiction  of  the  chief  wharfinger 
shall,  when  performing  the  duties  required  by  this  section,  be 
coextensive  with  such  tide  waters.  [Amendment  approved 
February  28,  1876;  Amendments  1875-6,  p.  48;  took  ejfect 
from  passage.] 


unclaimed. 


Extent  of 
such  juris 
diction. 


SEC.  2541,  POLITICAL  CODE.     FAILURE  TO  OBEY  LAWFUL  ORDERS 
OF  CHIEF  WHARFINGER. 

Penalty  for  If  auy  mastcr,  agent,  or  owner  of  any  water  craft  shall  refuse 
obeTprders  or  ucglcct  to  obcy  thc  lawful  orders  or  directions  of  the  chief 
wharfinger,  wharfiugcr  iu  auy  matter  pertaining  to  the  regulations  of  said 
harbor,  or  the  removal  or  stationing  of  any  water  craft,  such 
master,  agent,  or  owner  so  refusing  or  neglecting  is  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  before  any  court  of 
competent  jurisdiction,  shall  be  punished  by  a  fine  not  to 
exceed  three  hundred  dollars,  or  by  imprisonment  not  to 
exceed  one  hundred  days  in  the  jail  of  the  city  and  county  of 
San  Francisco.  [Amendment  approved  Fehruary  28,  1876; 
Amendments  1875-6,  p.  49;  took  ejfect  from  passage.] 


LAWS  AND  STATUTES. 


27 


SEC.  2542,   POLITICAL   CODE.    OBSTRUCTIONS  TO  NAVIGATION. 

All  persons  are  forbidden  to  deposit,  or  cause  to  be  depos-  obstructions 
ited,  in  the  waters  of  the  harbor  of  San  Francisco,  as  described 
in  the  preceding  sections,  any  substance  that  will  sink  and 
form  an  obstruction  to  navigation,  without  first  obtaining  per-  Permission 
mission,  in  writing,  of  the  board  of  state  harbor  commissioners, 
which  permission  shall  describe,  with  an  ordinary  degree  of 
certainty,  the  place  where  such  deposit  may  be  made,  and  the 
secretary  of  the  board  shall  record  such  permission.    Any  Penalty  for 

•  .1  obstructions. 

person  violating  the  prohibition  contained  m  this  section  is 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  before 
a  court  of  competent  jurisdiction,  shall  be  fined  not  less  than 
one  hundred  or  more  than  five  hundred  dollars,  or  imprison- 
ment in  the  jail  of  the  city  and  county  of  San  Francisco  not 
less  than  thirty  nor  more  than  ninety  days;  provided,  that 
nothing  herein  shall  be  construed  to  prevent  or  interfere  with 
the  construction  of  works  now  in  progress  in  connection  with 
the  Oakland  harbor.  [Amendment  approved  February  28, 
1876;  Amendments  1875-6,  p.  49;  took  effect  from  passage.] 

SEC.   2543,   POLITICAL   CODE.     FAST   DRIVING   ON    WHARVES  PRO- 
HIBITED. 

Tt  shall  not  be  lawful  for  any  person  to  drive  a  horse  or  speed  of 
mule,  or  any  vehicle  drawn  by  one  or  more  horses  or  mules  et/'^ver 
used  m  the  removal  of  merchandise  upon  any  wharf,  pier, 
quay,  landing,  or  thoroughfare,  faster  than  a  walk.    Any  Penalty  for 

.    1      •  T  violation. 

person  violating  the  prohibition  in  this  section  contained  is 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction,  shall  be  fined  not  less  than 
twenty  dollars,  or  imprisoned  in  the  county  jail  of  the  city  and 
county  of  San  Francisco  not  less  than  ten  days.  [Amend- 
ment approved  February  28,  1876;  Amendments  1875-6,  p.  49; 
took  effect  from  passage.] 

SEC.  2544.   POLITICAL  CODE.     POLICE  COURT  TO   HAVE  JURISDIC- 
TION. 

The  police  judge's  court  of  the  city  and  county  of  San  Fran-  pohcc court 

1     n    1  .       .    T .      .  to  try 

CISCO  shall  have  jurisdiction  to  try  all  cases  of  misdemeanor 
arising  under  this  article.  [Amendment  approved  February 
28,  1876;  Amendments  1875-6,  p.  50;  took  effect  from  passage.] 


28 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


SEC.  2545,   POLITICAL  CODE.    QUALIFICATION   OF  OFFICERS. 

No  person  shall  be  appointed  to  any  office  by  virtue  of  this 
article,  nor  be  employed  in  the  service  of  the  board,  unless  he 
be  a  qualified  elector  of  the  state;  nor  shall  any  person  be  so 
appointed  or  employed  who  is  interested  in  any  vessel  sailing 
or  plying  in  and  out  of,  or  on  the  inland  waters  of  the  bay  of 
San  Francisco,  as  owner,  mortgagee,  or  otherwise,  or  as  a  stock- 
holder in  any  company  owning  such  vessels,  or  who  is  the  con- 
signee, the  general  or  freight  agent,  or  manager  of  any  such 
vessels,  or  agent  or  other  employee  of  the  owner  of  any  such 
vessels,  or  who  is  engaged  in  the  business  of  marine  insurance, 
or  of  procuring  such  insurance,  or  who  is  engaged  as  a  steve- 
dore in  loading  or  discharging  such  vessels.  No  person  not  a 
citizen  of  the  United  States  shall  be  employed,  either  as  con- 
tractor or  laborer,  on  any  work  done  under  this  article.  And 
eight  hours  shall  constitute  a  legal  day's  work,  whether  per- 
formed directly  for  the  state  or  for  the  person  or  persons  re- 
ceiving a  contract  under  this  article.  [Amendment  approved 
March  21,  1887;  Statutes  and  Amendments  1887,  p.  232,] 

SEC.   2546,   POLITICAL   CODE.    OFFICIAL  BONDS. 

All  official  bonds  required  to  be  given  by  authority  of  this 
article  shall  be  to  the  people  of  the  State  of  California. 

[Amendment  approved  Felrnary  28,  1876;  Amendments 
1875-6,  p.  50;  took  ejfect  from  passage.] 

SEC.  2547,  POLITICAL  CODE.  SEAL. 

The  board  of  state  harbor  commissioners  shall  procure  and 
adopt  a  seal.  [Amendment  approved  February  28,  1876; 
Amendments  1875-6,  p.  50;  took  effect  from  passage.] 


SEC.  2548,  POLITICAL  CODE.    WHEN   NO  TOLL  OR  WHARFAGE  TO 
BE  COLLECTED. 

No  tolls  or  wharfage  shall  be  collected  from  travelers  going 
on  board,  or  leaving,  any  steamer  or  ferry,  or  upon  their  car- 
riages or  baggage,  nor  from  any  person  or  vehicle  employed  to 
transport  or  convey  said  baggage  to  or  from  any  steamer  or 
ferry ;  nor  for  empty  packages  returned  to  the  wharf  or  any 
vessel;  nor  for  domestic  supplies  for  private  individuals, 


LAWS  AND  STATUTES. 


29 


intended  for  consumption  and  not  for  sale,  weighing  less  than 
one  hundred  pounds.  [Amendment  approved  March  29, 
1878;  Amendments  1877-8,  p.  50;  took  effect  from  passage.] 

SEC.    2549,    POLITICAL    CODE.    COLLECTIONS    AND    PAYMENTS  IN 
COIN  ONLY. 

The  revenue  collected  and  disbursed  by  authority  of  this  sj;'];^/""^ 
article  shall  be  gold  and  silver  coin  of  the  United  States. ''''''' 
[Amendment   approved   February   28,   1876;  Amendments 
1875-6,  p.  50;  took  effect  from  passage.] 

SEC.  2550,  POLITICAL  CODE.    WHARFINGERS  AND  COLLECTORS  TO 
BE   SPECIAL  POLICEMEN. 

It  is  hereby  made  the  duty  of  the  board  of  police  commis-  wharfingers 

„  .  and  col- 

sioners  o±  the  city  and  cou^nty  of  San  Francisco  to  appoint  spSr' 
such  number  of  wharfingers  and  toll  collectors  special  police- 
men  as  such  commissioners  shall  request,  in  writing,  such 
police  commissioners  to  appoint,  and  also  shall  furnish  such 
special  policemen  the  usual  badge  of  office,  which  shall  be  paid  Badge, 
for  by  the  commissioners ;  such  appointments  must  be  renewed 
once  in  each  year.    The  jurisdiction  of  such  special  policemen 

Jurisdiction 

,,,,  .  'ii  .  ^^^^  terms 

shall  be  coextensive  with  the  premises  described  in  this  article,  poncemen. 
and  their  terms  of  office  as  such  wharfingers  and  toll  collectors. 
[Amendment   approved  Pebruanj   28,   1876;  Amendments 
1875-6,  p.  50;  took  effect  from  passage.] 

SEC.  2551,  POLITICAL  CODE.    AMENDMENTS  NOT  TO  IMPAIR  PEND- 
ING ACTIONS. 

Nothing  in  this  article  shall  be  taken  or  deemed  to  affect  anv  P^^^ing 

.  .  *^  actions, 

action  or  suit  now  pending,  or  any  right  of  action  accrued,  or 
any  contract  or  obligation  existing  under  the  provisions  of  the 
statutes  hereby  amended;  but  such  suits  or  actions  may  be 
prosecuted  in  the  name  in  which  they  have  been  instituted,  and 
such  rights  of  action,  contract,  or  obligation  shall  remain  unim- 
paired, and  may  be  prosecuted  and  enforced  in  all  respects  the 
same  as  if  this  amendment  had  not  been  made.  [Amendment 
approved  February  28,  1876;  Amendments  1875-6,  p.  50;  took 
effect  from  passage.] 


80  BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


SEC.  2552,  POLITICAL  CODE.  SALARIES. 


Salaries 
of  harbor 
commis- 
sioners and 
assistants. 


Ex  officio 
officers  no 
compensa- 
tion. 


The  monthly  salaries  of  the  officers  of  the  board  shall  be  as 
follows :  The  president,  three  hundred  dollars ;  each  of  the 
other  tAvo  commissioners,  two  hundred  and  fifty  dollars;  the 
secretary,  two  hundred  and  fifty  dollars;  the  assistant  secre- 
tary, tw^o  hundred  dollars;  the  attorney,  two  hundred  dollars; 
the  chief  wharfinger,  two  hundred  and  fifty  dollars ;  the  wharf- 
ingers, one  hundred  and  fifty  dollars;  and  the  collectors,  one 
hundred  and  twenty-five  dollars.  The  board  must  fix  the 
compensation  of  the  other  employees.  No  ex  officio  officer  nor 
consulting  engineer  shall  receive  any  compensation,  except 
traveling  and  other  incidental  expenses.  [Amendment  ap- 
proved March  15,  1909;  Statutes  1909,  p.  371.] 
Bateman  vs.  Colgan,  111  Cal.  580 


Attorney 
general  to 
give  legal 
advice. 


SEC.   2553,   POLITICAL   CODE.     DUTIES   OF  ATTORNEY  GENERAL. 

The  attorney  general  of  the  state  must  give  such  legal  advice 
and  render  such  legal  services  as  may  from  time  to  time  be 
required  of  him  by  the  commissioners,  in  connection  with  their 
duties,  without  further  compensation.  [Amendment  approved 
Fehriiary  28,  1876;  Amendments  1875-6,  p.  51;  took  effect 
from  passage;  see  section  472,  Political  Code,  subdivision  2,] 
Bateman  vs.  Colgan,  111  Cal.  583. 


SEC.   2554,   POLITICAL   CODE,   SUBDIVISION   2  (REPEALED). 


Deputies  of 

attorney 

general. 


Special 
counsel. 


Attorney 
general  to 
have  charge 
of  all  legal 
matters 
in  which 
state  is 
interested. 


SEC.  472,   POLITICAL  CODE,  SUBDIVISION  2. 

The  attorney  general  may  appoint  one  assistant,  one  chief 
deputy  and  five  additional  deputies,  who  shall  be  civil  executive 
officers.  The  annual  salary  of  the  assistant  shall  be  four  thou- 
sand dollars ;  the  annual  salary  of  two  of  such  additional  dep- 
uties shall  be  thirty-three  hundred  dollars  each,  and  the  annual 
salary  of  three  of  such  additional  deputies  shall  be  three  thou- 
sand dollars  each.  Said  salaries  shall  be  paid  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  other  state  officers. 
The  attorney  general  shall  not  employ  special  counsel  in  any 
case  except  those  provided  in  section  four  hundred  and 
seventy-four  of  the  Political  Code.  The  attorney  general  shall 
have  charge,  as  attorney,  of  all  legal  matters  in  which  the  state 
is  in  any  wise  interested,  except  the  business  of  the  regents  of 
the  University  of  California,  and  of  the  state  harbor  comtnis- 


LAWS  AND  STATUTES. 


sioners,  and  such  other  boards  or  officers  as  are  now  by  law 
authorized  to  employ  attorneys,  and  no  board,  officer  or  offi- 
cers, or  employee  of  the  state,  except  said  regents  and  said 
harbor  commissioners  and  such  other  boards  and  officers  as  are 
now  by  law  authorized  to  employ  attorneys,  shall  employ  any 
attorney  other  than  the  attorney  general,  or  one  of  his  assist- 
ants or  deputies,  in  any  matter  in  which  the  state  is  inter- 
ested; nor  shall  any  money  be  drawn  out  of  the  treasury,  or 
out  of  any  moneys  appropriated  out  of  the  treasury,  or  out  of 
any  special  or  contingent  fund  under  the  control  of  any  board, 
officer  or  officers,  or  employee  for  the  pay  of  any  legal  services 
rendered  after  the  passage  of  this  act,  the  provisions  of  any 
existing  statute  to  the  contrary  notwithstanding,  excepting  as 
above  provided ;  provided,  that  whenever  a  district  attorney  whenever 
in  any  county  in  this  state  shall,  for  any  reason,  become  dis-  attimey 

Ti2     T     r?  is  dis - 

qualitied  from  conducting  any  criminal  prosecution  within  ^^^1^^^^- 
such  county,  the  attorney  general  may  employ  special  counsel 
to  conduct  such  prosecution,  and  the  attorney's  fee  in  such 
case  shall  be  a  legal  charge  against  the  state ;  provided,  further, 
that  nothing  herein  contained  shall  be  construed  to  prevent  or 
deny  the  right  of  any  board,  officer,  or  officers  or  employee  of 
the  state  to  employ  or  engage  counsel  in  any  matter  of  the 
state,  after  first  having  obtained  the  written  consent  so  to  do 
of  the  attorney  general.  [Amendment  approved  April  3, 
1911,  Statutes  1911,  p.  587.] 

Toland  vs.  Ventura,  135  Cal.  413-414. 


BOARD  OF  CONTROL. 
Political  Code,  Chapter  349,  Article  XVill  (new). 

654.  A  state  board  of  control  is  hereby  created  to  consist  Board  of 
of  three  members  who  shall  be  appointed  by  the  governor  and 
hold  office  at  his  pleasure.  The  governor  shall  designate  the 
chairman  of  such  board  and  shall  fill  vacancies  occurring  from 
any  cause  in  the  membership  thereof.  The  members  of  such 
board  shall  not  engage  in  any  private  business  requiring  their 
personal  attention  between  the  hours  of  nine  o'clock  a.  m.  and 
five  o'clock  p.  M.  of  each  day  excepting  holidays  during  their 
term  of  office.  Before  entering  upon  the  discharge  of  his 
duties  each  member  of  said  board  shall  execute  an  official  bond  Bond, 
to  the  State  of  California  in  the  penal  sum  of  twenty-five  thou- 
sand dollars,  conditioned  on  the  faithful  discharge  of  his  duty 
according  to  law  and  shall  take  the  oath  of  office  as  prescribed 


32 


BOARD  OF  STxiTE  HARBOR  COMMISSIONERS. 


Secretary 
and  clerks. 


Sessions  of 
board. 


Record  of 
proceed- 
ings. 


Vice- 
cliainnan. 


Chairman 
may  issue 
subpoenas. 


Deposi- 
tions. 


by  this  code  for  state  offii^ers.  The  members  of  such  board 
shall  be  executive  officers  and  each  shall  be  authorized  to  admin- 
ister oaths.  The  board  shall  appoint  a  secretary,  three  clerks 
and  two  stenographers.  Such  appointees  shall  be  civil  execu- 
tive officers.    The  board  may  also  appoint  a  messenger. 

655.  The  members  of  the  state  board  of  control  shall  each 
receive  a  salary  of  four  thousand  dollars  per  annum,  which 
shall  be  paid  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  state  officers  are  paid.  The  secretary  shall  receive 
a  salary  of  twenty-four  hundred  dollars  per  annum,  the  clerks 
a  salary  of  eighteen  hundred  dollars  per  annum  each,  the  two 
stenographers  fifteen  hundred  dollars  per  annum  each,  and  the 
messenger  nine  hundred  dollars  per  annum.  The  salaries  of 
all  such  appointees  shall  be  paid  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  state  officers. 

656.  The  said  board  shall  be  in  session  during  office  hours 
whenever  a  majority  of  the  members  thereof  are  present  at  its 
offices  in  the  state  capitol  and  may  meet  at  other  places  in  the 
state  at  such  time  as  a  majority  of  the  board  may  determine. 

657.  The  board  must  keep  a  record  of  all  its  proceedings 
and  any  member  may  cause  his  dissent  to  the  action  of  the 
majority  upon  any  matter  to  be  entered  upon  such  record. 

658.  The  board  or  a  majority  thereof,  may  elect  one  of  its 
members  vice-chairman,  and  such  officer  shall  have  and  exer- 
cise all  the  authority  of  the  chairman  in  the  absence  of  the 
latter.  The  board  may  also  establish  rules  and  regulations  not 
inconsistent  with  law  for  its  government.  All  such  rules  and 
regulations  must  be  recorded  in  the  minutes  of  the  board. 

659.  The  chairman  may  issue  subpoenas  and  compel  the 
attendance  of  witnesses  before  the  board  or  any  member 
thereof,  in  the  same  manner  that  any  court  in  this  state  may ; 
and  whenever  the  testimony  of  any  witness  upon  any  matter 
pending  before  it  is  material,  the  chairman  must  cause  the 
attendance  of  the  witness  before  such  board,  or  a  member 
thereof,  to  testify  concerning  such  matter,  and  the  board  may 
make  a  reasonable  allowance  therefor,  not  exceeding  the  fees  of 
witnesses  in  civil  cases,  which  must  be  paid  out  of  the  appro- 
priation for  the  contingent  expenses  of  the  board,  but  in  no 
instance  can  an  allowance  be  made  in  favor  of  a  witness  who 
appears  in  behalf  of  a  claimant. 

Each  member  of  the  board  may  take  depositions  to  be  used 
before  it. 


LAWS  AND  STATUTES. 


33 


660.  It  shall  be  the  duty  of  one  or  more  members  of  the  bo^ok^'o/''^ 
board  as  may  be  designated  by  the  board,  or  as  requested  by  tutions. 
the  governor,  to  examine  and  expert,  or  cause  to  be  examined 

and  experted,  the  books  of  the  different  state  prisons,  reforma- 
tories, state  hospitals  and  other  institutions,  commissions, 
bureaus  and  officers  of  the  state,  at  least  once  in  each  year,  and 
as  often  as  may  be  deemed  necessary.  The  officers  of  said 
prisons,  reformatories,  hospitals  and  other  institutions,  boards, 
commissions  and  bureaus  and  the  several  officers  of  the  state, 
must  permit  such  examination  and  experting  and  must  upon 
demand  produce  without  unnecessary  delay  all  books,  con- 
tracts and  papers  in  their  respective  offices,  and  must  furnish 
upon  demand  the  information  touching  books,  papers  and  con- 
tracts and  other  matters  pertaining  to  their  respective  offices. 

661.  It  shall  be  the  duty  of  one  or  more  members  of  the  visiting 

IT  IT-  T1  11  state  insti- 

board  as  may  be  designated  by  such  board  or  as  may  be  tutions. 
requested  by  the  governor  to  visit  from  time  to  time  every 
public  institution  maintained  in  whole,  or  in  part,  by  state 
appropriations  to  ascertain  the  conditions  of  the  same,  and 
their  wants  and  requirements,  and  also  to  visit  public  buildings 
in  course  of  construction  to  ascertain  if  all  the  provisions  of 
law  in  relation  to  such  construction  and  of  the  contracts  there- 
for are  being  faithfully  executed. 

662.  The  board  upon  completion  of  such  examination  must  Reports  of 

-,  •       T       T  examina- 

make  a  report  m  duplicate  thereon  and  file  one  with  the  gov- 
ernor,  and  one  in  the  office  of  such  board. 

663.  Every  claim  against  the  state  for  which  an  appropria-  claims 
tion  has  been  made  or  for  which  a  state  fund  is  available,  must 

be  presented  to  the  board  for  its  scrutiny  before  being  paid. 
The  board  may  for  cause  postpone  action  upon  a  claim  for  not 
exceeding  one  month. 

664.  Any  person  having  a  claim  against  the  state  for  which  Personal 
an  appropriation  has  been  made,  may  present  the  same  to  the  f£f 
board  in  the  form  of  an  account  or  petition  and  the  secretary 

of  the  board  must  date,  number,  and  file  such  claim.   The  board 
must  allow  or  reject  the  same  within  thirty  days. 

The  concurrence  of  two  members  of  the  board  shall  be  Majority 
required  to  approve  and  allow  any  claim  against  the  state  in  cJaS?"^ 
whole  or  in  part. 

665.  If  the  board  approve  such  claim  the  members  approv- 
al ^  .1     •       •  Approved 

mg  the  same  must  over  their  signatures  endorse  thereon  the  ?iXner. 

following:  ''Approved  for  the  sum  of  dollars,'' 

and  the  secretary  shall  immediately  transmit  the  same  to  the 
office  of  the  state  controller  for  his  action  thereon  and  if  such 

3—11204 


34 


BOARD  OP  STATE  HARBOR  COMMISSIONERS. 


Dis- 
approved 
claims. 


Claims  for 
which  no 
appropria- 
tion was 
made. 


Rules  for 
audit  of 
claims. 


Claims  to 
be  pre- 
sented at 
least  four 
months 
before 
legislature 
meets. 


Recom- 
mendation 
to  legis- 
lature. 


Report  to 
legisla- 
ture and 
controller. , 


action  is  favorable,  he  shall  draw  his  warrant  for  the  amount 
so  approved  in  favor  of  the  claimant  or  his  assigns ;  provided, 
that  the  controller  if  he  objects  thereto  for  any  reason  may 
return  the  same  to  the  secretary  of  said  board  and  said  claim 
shall  not  again  be  presented  to  the  controller  except  with  the 
unanimous  approval  of  the  board. 

666.  If  the  board,  or  a  majority  thereof,  disapprove  any 
claim,  the  same  shall  be  filed  with  the  records  of  the  board  with 
a  statement  showing  such  disapproval  and  the  reasons  therefor. 

667.  If  no  appropriation  has  been  made,  or  if  no  fund  is 
available  for  the  payment  of  any  claim  against  the  state,  the 
settlement  of  which  is  provided  by  law,  or  if  an  appropriation 
or  fund  has  been  exhausted,  such  claim  must  be  presented  to 
the  board  who  shall  audit  the  same  and  if  approved  by  at 
least  a  majority  vote  thereof  it  shall,  with  the  sanction  of  the 
governor,  be  transmitted  to  the  legislature  with  a  brief  state- 
ment of  the  reasons  for  such  approval. 

668.  The  board  shall  cause  to  be  printed  for  distribution 
among  all  state  officers  and  for  the  use  of  any  one  desiring  to 
present  a  claim  against  the  state,  a  set  of  rules  governing  the 
presentation  and  audit  of  demands  against  the  state  funds  and 
appropriations. 

669.  Any  person  having  a  claim  against  the  state,  the  settle- 
ment of  which  is  not  otherwise  provided  for  by  law,  must  pre- 
sent the  same  to  the  board  at  least  four  months  before  the 
meeting  of  the  legislature,  accompanied  by  a  statement  showing 
the  facts  constituting  the  claim,  verified  in  the  same  manner  as 
complaints  in  civil  actions.  Before  finally  passing  upon  any 
such  claim,  notice  of  the  time  and  place  of  hearing  must  be 
mailed  to  the  claimant  at  least  fifteen  days  prior  to  the  date  set 
for  final  action.  At  the  time  designated  the  board  must  pro- 
ceed to  examine  and  adjust  such  claims.  It  may  hear  evidence 
in  support  of  or  against  them  and,  with  the  sanction  of  the  gov- 
ernor, report  to  the  legislature  such  facts  and  recommendations 
concerning  them  as  may  be  proper.  In  making  such  recom- 
mendations the  board  may  state  and  use  any  official  or  personal 
knowledge  which  any  member  thereof  may  have  touching  such 
claims. 

670.  The  board  must  make  up  its  report  and  recommenda- 
tions concerning  such  matters  as  the  law  requires  of  it  at  least 
thirty  days  before  the  meeting  of  the  legislature.  The  board 
must  give  to  the  state  controller  for  his  use  at  such  time  as  he 
shall  demand  a  statement  showing  all  its  recommendations  for 
appropriations  by  the  legislature. 


LAWS  AND  STATUTES. 


35 


671.  The  board  must  not  entertain,  for  the  second  time,  a  onciaS^ 
demand  against  the  state  once  rejected  by  it  or  by  the  legisla-  Scted. 
ture  unless  such  facts  are  presented  to  the  board  as  in  suits 
between  individuals  would  furnish  sufficient  ground  for  grant- 
ing a  new  trial.    Any  person  interested,  who  is  aggrieved  by  Appeal  to 

,  °      .  P  legislature. 

the  disapproval  of  a  claim  by  the  board,  may  appeal  from  the 
decision  to  the  legislature  of  the  state,  by  filing  with  the  board  a 
notice  thereof,  and  upon  the  receipt  of  such  notice  the  board 
must  transmit  the  demand  and  all  the  papers  accompanying 
the  same,  with  a  statement  of  the  evidence  taken  before  it,  to 
the  legislature. 

672.  The  controller  must  not  draw  his  warrant  for  any  controller 

*^    may  draw 

claim  unless  it  has  been  approved  by  the  state  boar^  of  control,  oX  after 
and  when  hereafter  the  controller  is  directed  to  draw  his  war-  bfboard. 
rant  for  any  purpose,  this  direction  must  be  construed  as  sub- 
ject to  the  provisions  of  this  section,  unless  the  direction  is 
accompanied  by  a  special  provision  exempting  it  from  the 
operation  of  this  section. 

673.  Whenever  the  board  has  reason  to  believe  that  the  Board  may 

notify 

controller  has  drawn  or  is  about  to  draw  his  warrant  without  noTto  ply 
authority  of  law,  or  for  a  larger  amount  than  the  state  actually 
owes,  the  board  must  notify  the  treasurer  of  state  not  to  pay 
the  warrant  so  drawn  or  to  be  drawn ;  and  thereupon  the  treas- 
urer is  prohibited  from  paying  the  warrant,  whether  already 
drawn  or  not,  until  he  is  otherwise  directed  by  the  legislature. 

674.  Claims  upon  the  contingent  fund  of  either  house  of  the  Legislative 
legislature  and  for  official  salaries,  are  exempted  from  the 
operation  of  the  provisions  of  this  article. 

675.  The  money  in  the  state  treasury  must  be  counted  by  JXt^^f 
the  state  board  of  control  at  least  once  every  month,  without  Tve'lH^"^ 
giving  the  treasurer  any  previous  notice  of  the  day  or  hour 

of  counting ;  the  board  may  at  any  counting  place  any  sum  in 
bags  or  boxes  and  mark  and  seal  the  same  with  a  seal  to  be 
adopted  and  kept  by  it,  and  may,  at  any  subsequent  counting 
count  each  bag  or  box  separately  and  credit  at  the  value 
stamped  thereon  the  contents  of  such  bags  or  boxes  as  part 
of  the  money  counted  without  making  a  detailed  count  of  such 
contents.  They  shall  count  as  cash  all  evidence  ^of  money 
belonging  to  the  state  upon  deposit  outside  the  state  treasury 
that  may  be  held  by  the  treasurer  in  accordance  with  law  and 
shall  determine  for  themselves  whether  such  evidence  is  suffi- 
cient according  to  law. 


36 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Publica- 
tion of 
count. 


Investment 
of  school 
land  funds. 


Bonds  de- 
livered to 
treasurer. 


Money  in 
estates  of 
deceased 
persons' 
fund  to  be 
invested 
in  bonds. 


Bonds  de- 
livered to 
treasurer. 


After  each  count  of  money  they  must  make  and  file  with  the 
secretary  of  state  and  cause  to  be  published  in  some  news- 
paper in  the  city  of  Sacramento,  an  affidavit  showing: 

1.  The  amount  of  money  or  credit  that  ought  to  be  in  the 
state  treasury. 

2.  The  amount  and  kind  of  money  or  credit  actually  therein. 

676.  Whenever  and  as  often  as  there  is  in  the  state  treasury 
the  sum  of  ten  thousand  dollars  as  the  proceeds  of  the  sale 
of  state  school  lands  the  board  must  invest  the  same  in  the 
bonds  of  this  state,  or  in  the  bonds  of  the  United  States,  or  in 
the  bonds  of  any  county,  permanent  road  district,  city  and 
county,  city,  town,  or  school  district  of  this  state;  the  invest- 
ments to  be  made  in  such  manner  and  on  such  terms  as  the 
board  shall  deem  best  for  the  fund.  All  such  bonds  purchased 
by  the  board  under  the  provisions  of  this  section  must  be  deliv- 
ered to  the  state  treasurer  who  shall  keep  them  as  a  special 
school  fund  deposit,  and  the  interest  upon  such  bonds  when  col- 
lected shall  be  placed  by  him  to  the  credit  of  the  state  school 
fund. 

677.  Whenever  and  as  often  as  there  is  in  the  state  treas- 
ury to  the  credit  of  the  estates  of  deceased  persons'  fund  (in 
excess  of  the  retention  hereinafter  provided  for)  the  sum  of 
ten  thousand  dollars  or  more,  the  board  must  invest  the  same 
in  the  bonds  of  this  state,  or  in  the  bonds  of  the  United  States, 
or  in  the  bonds  of  the  several  counties,  city  and  county,  perma- 
nent road  districts,  cities  and  towns,  or  school  districts  of  this 
state ;  the  investments  to  be  made  in  such  manner  and  on  such 
terms  as  the  board  shall  deem  best  for  the  fund.  No  invest- 
ment shall  be  made  which  with  the  amounts  previously  invested 
shall  reduce  the  uninvested  portion  of  the  fund  below  the 
amount  of  ten  thousand  dollars,  and  whenever  a  demand  pre- 
sented against  said  fund  will  reduce  the  amount  of  cash  therein 
below  the  specific  amount  of  ten  thousand  dollars,  it  shall  be 
the  duty  of  the  board  to  sell  such  bonds  belonging  to  said  fund 
as  they  may  deem  proper,  for  the  purpose  of  making  good  the 
cash  retention  of  ten  thousand  dollars. 

Bonds  purchased  by  the  board  under  the  provisions  of  this 
section  miist  be  delivered  to  the  state  treasurer,  who  shall  keep 
them  as  a  portion  of  said  estates  of  deceased  persons'  fund, 
and  the  interest  upon  such  bonds  shall  be  paid  into  the  state 
school  fund  and  apportioned  like  other  moneys  employed  for 
the  support  of  common  schools. 


LAWS  AND  STATUTES. 


37 


678.  Whenever  under  the  provisions  of  law  the  board  of  cou^n'tyand 

.         .  '1x1  •  district 

supervisors,  trustees,  common  council,  or  other  governing  authorities 

.  .to  notify 

boards  or  bodies  of  any  county,  city  or  county,  city  or  town,  f^j^^YsurTr"^ 
or  school  district  of  this  state  shall  advertise  the  sale  of  bonds  fov^^^if 
voted  for  any  purpose,  the  clerk  of  such  board,  trustees,  com- 
mon council,  or  other  governing  board  or  body  shall  forth- 
with, by  mail,  postage  prepaid,  notify  the  state  board  of  con- 
trol and  state  treasurer,  at  the  capitol,  of  such  issuance  and 
sale  of  bonds,  and  shall  specify  the  purposes  for  which  such 
bonds  were  voted,  the  amount  of  the  total  issue  for  each  pur- 
pose, the  denomination  of  each  bond  showing  date  of  issuance 
and  date  of  maturity,  the  rate  of  interest  showing  when  and 
where  payable,  the  assessed  value  of  the  property  upon  which 
such  bonds  are  a  lien  and  the  total  amount  of  other  bonded 
indebtedness  which  is  a  lien  upon  said  property. 

679.  At  any  sale  of  bonds  by  the  state  treasurer  the  board  i^oards  may 

purchase 

may  become  bidders  and  purchase  bonds  with  the  funds  at  their  bHoid  by 
disposal,  and  the  appropriate  transfer  of  funds  must  be  made 
by  the  controller  and  treasurer  on  the  books  of  their  offices. 
No  purchase  of  bonds  shall  be  completed  by  the  board  until  the 
attorney  general  shall  have  approved  the  validity  of  the  issue. 

680.  The  board,  with  the  consent  of  the  governor,  shall  ciea^^ion 
have  power  to  authorize  the  creation  of  deficiencies  in  any  ciencies. 
appropriations  of  money  made  by  law  in  cases  of  actual  neces- 
sity and  shall  authorize  the  payment  of  deficiencies  out  of  any 
money  which  may  be  appropriated  for  such  purpose.  No 
deficiency  shall  be  authorized  except  upon  the  written  author- 
ity^ first  obtained,  of  a  majority  of  the  members  of  the  board 

and  of  the  governor.  Any  indebtedness  attempted  to  be  cre- 
ated against  the  state  in  violation  of  these  provisions  shall  be 
null  and  void,  and  shall  not  be  allowed  by  the  board  of  control 
or  the  controller. 

681.  The  board  shall  have  power  to  authorize  the  sale  or  saieof 

property 

exchange  oi  any  property,  except  real  estate,  which  belongs  to  {*J\°ate'^ 
the  state  and  which,  in  their  judgment,  it  shall  be  for  the  best 
interests  of  the  state  to  sell  or  exchange. 

682.  The  board  shall  have  general  powers  of  supervision  f^'p'^\!ji^e 
over  all  matters  concerning  the  financial  and  business  policies  poucSs  of 
of  the  state,  and  shall,  whenever  they  deem  it  necessary  or  at 

the  instance  of  the  governor,  institute  or  cause  the  institution 
of  such  investigations  and  proceedings  as  they  may  deem 
proper  to  conserve  the  rights  and  interests  of  the  state. 


38 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Contracts 
for  sup- 
plies to  be 
submitted 
to  board. 


Permission 
to  pur- 
chase 
supplies 
in  open 
marltet. 


Board  of 
examiners  , 
shall  mean 
board  of 
control. 


Reports  of 
supplies 
purchased 
to  be  made 
to  board. 


Depart- 
ment of 
I)ublic 
accounting. 


Superin- 
tendent, 
etc. 


683.  All  contracts  entered  into  by  any  state  officer,  board, 
commission,  department,  or  bureau,  for  the  purchase  of  sup- 
plies and  materials,  or  either,  shall  before  the  same  becomes 
effective  be  transmitted  with  all  papers,  estimates  and  recom- 
mendations concerning  the  same,  to  the  state  board  of  control 
for  consideration.  If  a  majority  of  such  board  approve  the 
same,  it  shall,  from  the  date  of  such  approval,  be  in  force  and 
effect.  No  state  officer,  board,  commission,  department,  or 
bureau,  shall  purchase  supplies  and  materials,  or  either,  in 
open  market,  ynless  permission  has  been  given,  upon  a  presen- 
tation of  the  necessity  therefor,  by  the  state  board  of  control ; 
provided,  that  to  meet  an  emergency,  supplies  and  materials  of 
a  perishable  nature,  in  an  amount  not  exceeding  one  hundred 
dollars  in  value,  may  be  purchased  by  such  state  officer,  board, 
commission,  department,  or  bureau  without  the  permission  of 
the  said  board  of  control. 

684.  Whenever  by  the  provisions  of  this  code  or  any  statute 
or  law  now  in  force  or  that  may  hereafter  be  enacted  a  duty  is 
imposed  or  authority  conferred  upon  the  ''state  board  of  exam- 
iners "  or  the  ' '  board  of  examiners ' '  and  the  members  thereof 
such  duty  and  authority  are  hereby  imposed  and  conferred 
upon  the  state  board  of  control  and  the  members  thereof,  the 
same  as  though  the  title  of  the  state  board  of  control  had  been 
specifically  set  forth  and  named  therein.  For  the  purposes  of 
this  chapter  the  terms  ''state  board  of  examiners"  and  "board 
of  examiners,"  respectively,  shall  be  construed  to  mean  and 
refer  to  the  "state  board  of  control,"  and  wherever  in  this 
code  or  in  any  statute  or  law  the  term  "member  of  the  state 
board  of  examiners"  or  "member  of  the  board  of  examiners" 
is  used  it  shall  be  construed  to  mean  and  refer  to  a  "membei: 
of  the  state  board  of  control." 

685.  Every  state  office,  board,  commission  or  department  to 
whom  is  given  by  law  the  authority  to  make  purchases  of 
material  or  supplies,  must,  upon  the  request  of  the  board  of 
control,  designate  some  certain  officer  or  employee  in  such  office, 
board,  commission  or  department  whose  duty  it  shall  be  to 
make  such  reports  at  such  times  and  in  such  manner  to  the 
board  of  control  as  said  board  shall  from  time  to  time  require. 

686.  There  is  hereby  established  in  connection  with  and 
under  the  supervision  of  the  state  board  of  control  a  depart- 
ment of  public  accounting.  The  board  shall  appoint  a  super- 
intendent of  accounts  at  an  annual  salary  of  three  thousand 
dollars,  and  two  assistants  at  an  annual  salary  of  twenty-seven 


LAWS  AND  STATUTES. 


39 


hundred  dollars  each.  Such  appointees  shall  be  skillful 
accountants  and  well  versed  in  public  accounting.  They  shall 
(each)  execute  a  bond  to  the  state  in  the  sum  of  ten  thousand 
dollars.  They  shall  be  civil  executive  officers  and  their  sal- 
aries shall  be  paid  in  the  same  manner  and  at  the  same  time 
as  the  salaries  of  state  officers  are  paid.  The  board  may  also 
appoint  such  additional  accountants  as  may  be  necessary  to 
carry  on  the  work  of  the  department  at  salaries  not  to  exceed 
for  any  one  of  such  appointees  the  sum  of  twenty-four  hun- 
dred dollars  per  annum.  Such  salaries,  upon  authority  of  the 
board,  shall  be  paid  out  of  money  appropriated  for  the  use  of 
the  department  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  state  officers  are  paid.  Such  accountants  shall  be 
chosen  from  persons  who  have  successfully  taken  an  open  com- 
petitive examination  given  along  practical  lines  showing  their 
fitness  for  the  work  required.  They  shall  each  execute  to  the 
state  a  bond  in  the  sum  of  five  thousand  dollars.  All  of  the 
appointees  in  this  section  are  empowered  to  administer  oaths 
in  the  furtherance  of  their  official  duties. 

687.  The  board  of  control,  through  the  department  of  public  JJ-^je^f 
accounting  shall  devise,  install  and  supervise  a  uniform  system  fovT^tl''^ 

^„  officers. 

of  accounting  and  reporting  for  any  and  all  officers  or  persons 
in  this  state  permitted  or  charged  by  law  with  the  keeping  of 
public  accounts  and  records,  and  the  custody,  control  and 
handling  of  public  money  or  its  equivalent,  to  the  end  that 
there  shall  be  obtained  similar  and  comparable  data  for  every 
public  office  and  every  public  account  of  the  same  class,  and 
that  there  shall  be  a  general,  systematic  and  uniform  check 
upon  the  receipt  and  disbursement  of  all  public  revenue. 

688.  "With  the  sanction  of  the  state  board  of  control,  the  Financial 

and  stft" 

department  of  public  accounting  may  require  from  all  such  f^i^^. 
officers  or  persons  mentioned  in  the  foregoing  section  financial 
and  statistical  reports,  duly  verified,  covering  the  period  of 
each  fiscal  year,  which  report  shall  be  made  out  upon  blank 
forms  prescribed  and  adopted  and  furnished  by  the  department 
of  public  accounting,  and  mailed  to  such  officers  or  persons  not 
less  than  sixty  days  before  the  time  such  reports  are  required 
to  be  filed  with  such  department.  When  necessary,  the  depart- 
ment may  require  special  reports  from  any  such  officers  or 
persons,  which  must  be  filed  with  the  department  without 
delay. 


40 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


SeStmay  689.  The  department  of  public  accounting  is  given  full 
books'"^  power  to  examine,  through  any  of  its  officers  or  appointees,  all 
public        accounts  and  all  financial  affairs  of  every  officer  or  person  men- 

offlces. 

tioned  in  section  687  of  this  code,  and  shall  have  the  right  to 
enter  into  any  public  office  or  institution  in  this  state  and 
examine  any  books,  papers  or  documents  contained  therein  or 
belonging  thereto  for  the  purpose  of  making  such  examination, 
and  shall  have  access,  in  the  presence  of  the  custodian  thereof, 
or  his  deputy,  to  the  cash  drawers  and  cash  in  the  custody  of 
such  officer  or  person  and  shall  also  have  the  right,  during 
business  hours,  to  examine  the  public  accounts  in  any  de- 
pository which  has  public  funds  in  its  custody. 

Neglect  to 

690.  Anv  officer  or  person  who  shall  fail  or  neglect  to  make, 

file  reports.  ^  ^  «        -,  t  • 

etc.  verify  and  file  with  the  department  of  public  accounting  any 

such  report  as  is  required  by  this  article,  or  who  shall  fail  or 
neglect  to  follow  the  directions  of  the  department  of  public 
accounting  in  keeping  the  accounts  of  his  office,  or  who  shall 
refuse  to  permit  the  examination  or  access  to  the  books,  ac- 
counts, papers,  documents  or  cash  drawer  or  cash  of  his  office 
to  a  representative  of  said  department,  or  who  shall  in  any  way 
interfere  with  such  examination,  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  shall  be  fined  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars  or  shall  be 
imprisoned  in  the  county  jail  not  less  than  thirty  days,  or  both. 

Biennial 

691.  The  board  must  biennially  report  to  the  legislature  a 

report.  .  .  .  . 

history  of  its  transactions  and  investigations.  [Amendment 
approved  April  3,  1911,  Statutes  1911,  p.  591.] 


LAWS  AND  STATUTES. 


41 


AN  ACT 

To  authorize  the  board  of  state  harbor  commissioners  to  make 
repairs  upon  private  wharves  in  their  possession. 

[Approved  March  2G,  1874;  Stats.  1873-4,  p.  663.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

SEC.  1.    MAINTENANCE  OF  WHARVES. 

The  board  of  state  harbor  commissioners  are  hereby  author- 1 
ized  and  empowered,  in  their  discretion,  to  repair  and  main- 
tain  any  wharf  or  wharves  in  their  possession  or  under  their 
control,  notwithstanding  such  wharf  or  wharves  may  belong 
to  private  parties,  and  to  pay  the  expenses  thereof  in  the  same 
manner  as  is  now  provided  for  the  repairs  or  maintenance  of 
the  wharves  of  the  state;  provided,  however,  that  such  author- 
ity to  repair  and  maintain  private  wharves  shall  terminate 
with  the  termination  of  the  possession  or  control  of  the  same 
on  the  part  of  said  board. 

Sec.  2.    This  act  shall  take  effect  immediately  after  its 
passage. 


AN  ACT 

To  authorize  the  compromise  of  certain  litigation  concerning 
a  portion  of  the  water  front  of  the  city  and  county  of  San 
Francisco. 

[Approved  April  3,  1876;  Stats.  1875,  p.  905.] 

This  act  authorizes  the  governor,  mayor  of  San  Francisco, 
and  board  of  state  harbor  commissioners  to  compromise  and 
settle  with  claimants  for  the  premises  lying  between  Jaclison 
and  Pacific  streets,  and  outside  of  the  water  front  line  as 
established  by  the  beach  and  water  lot  act  of  March  26,  1851. 
The  compromise  contemplated  was  to  accept  deeds  of  the  entire 
property  to  the  state,  and  pay  therefor  such  amount  as  might 
be  determined  on  out  of  the  San  Francisco  harbor  improve- 
ment fund. 


42  BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 


Water  front 
line  of  city 
and  county 
of  San 
Francisco. 


Inshore 
limit  of 
jurisdiction. 


Exceptions. 


Construction 
of  thorough- 
fare. 


Concerning  the  water  front  of  the  city  and  connty  of  San 

Francisco, 

[Approved  March  15,  1878;  Stats.  1877-78,  p.  263.] 

The  people  of  the  State  of  California^  represented  in  senate 
and  assembly y  do  enact  as  follows: 

SEC.   1.    LINE   OF   HARBOR   EMBANKMENT  RATIFIED. 

So  much  of  the  line  for  a  harbor  embankment  or  seawall  of 
the  port  of  San  Francisco,  adopted  on  the  twelfth  day  of  Sep- 
tember, eighteen  hundred  and  seventy-seven,  by  the  governor, 
the  mayor  of  the  city  and  county  of  San  Francisco,  and  the 
state  harbor  commissioners,  and  indicated  on  the  maps  filed  in 
the  office  of  the  said  board  of  harbor  commissioners  and  of  the 
recorder  of  the  city  and  county  of  San  Francisco,  as  extends 
from  the  east  line  of  Taylor  street  to  the  boundary  line  be- 
tween the  city  and  county  of  San  Francisco  and  the  county  of 
San  Mateo,  is  hereby  ratified  and  confirmed,  and  shall  be 
known  as  the  ''water  front  line''  of  the  city  and  county  of 
San  Francisco ;  and  so  much  of  said  line  of  harbor  embank- 
ment or  seawall  as  extends  from  the  east  line  of  Taylor  street 
to  the  eastern  line  of  the  Presidio  reservation,  is  hereby 
annulled  and  vacated. 

SEC.  2,   LIMIT  OF  JURISDICTION. 

The  inshore  limit  of  the  jurisdiction  of  the  board  of  state 
harbor  commissioners  shall  be  and  remain  the  same  as  defined 
in  section  twenty-five  hundred  and  twenty-four  of  the  Polit- 
ical Code ;  but  when  any  section  of  the  seawall  and  thorough- 
fare hereinafter  mentioned  is  constructed  and  ready  for  use, 
then  the  inshore  limit  of  their  jurisdiction  as  to  such  section 
shall  be  the  inner  line  of  said  thoroughfare.  But  their  juris- 
diction in  and  over  China,  Central,  South,  India,  and  Dry 
Dock  basins,  and  in  and  over  Channel  street  and  Islais  creek 
channel,  and  the  canal  opening  into  South  Basin,  shall  extend 
as  far  as  the  ebb  and  flow  of  tidewater. 

SEC.  3.    ''EAST  STREET." 

The  said  commissioners  are  authorized  and  directed  to  lay 
out  and  open  along  said  water  front  line,  a  thoroughfare  of 
the  uniform  width  of  two  hundred  feet,  the  inner  line  of  which 
shall  be  parallel  with  the  water  front  line;  provided,  that  its 


LAWS  AND  STATUTES. 


43 


inner  line  between  Market  street  and  Folsom  street  shall  cor-  Location, 
respond  with  the  present  line  of  East  street,  and  its  inner  line 
between  Clay  street  and  Sacramento  street  shall  be  a  straight 
line  drawn  from  the  intersection  of  the  north  line  of  Clay 
street  with  the  inner  line  of  the  thoroughfare  to  the  intersec- 
tion of  the  north  line  of  Sacramento  street  with  the  north  line 
of  Market  street  extended,  and  its  roadways  and  sidewalks 
shall  conform  to  such  deviation  from  its  uniform  width ;  pro- 
vided, further^  that  a  sum  not  less  than  one  hundred  thousand  of'wh^^S': 
dollars  shall  be  expended  in  the  construction  of  wharves,  piers, 
ferry  slips,  or  bulkheads,  on  the  water  front  between  the  west- 
erly line  of  Mason  street  and  the  easterly  line  of  Kearny  street, 
as  may  seem  best  in  the  judgment  of  the  state  board  of  harbor 
commissioners ;  the  said  money  to  be  expended,  and  the  work  Ljmit  of 
to  be  done,  within  one  year  from  and  after  the  passage  of  this 
act.    It  shall  have  a  roadway  of  one  hundred  and  eighty  feet, 
and  a  sidewalk  on  its  inner  side  of  twenty  feet  in  width.  It 
shall  be  known  and  designated  on  the  map  of  the  city  and 
county  as  ''East  street."    The  said  roadway  shall  be  con- ^'Ea^s^t,, 
structed  and  kept  in  repair  by  the  said  commissioners.  It 
shall  be  constructed  by  contract,  as  provided  in  section  twenty-  how  am- 
fjver*  hundred  and  thirty-six  of  the  Political  Code,  and  be  kept 
ili.Jrepair,  as  provided  in  section  twenty-five  hundred  and 
twenty-four  of  same  code.    The  sidewalk  shall  be  constructed  sidewalks, 
and  kept  in  repair  in  the  manner  provided  by  law  for  the 
construction  and  repair  of  sidewalks  on  other  streets  of  the 
city  of  San  Francisco.    In  case  the  said  roadway  or  sidewalk  g^^^^/^^' 
be  obstructed,  the  said  commissioners  shall  cause  such  obstruc- 
tions to  be  removed  in  the  manner  provided  in  section  twenty- 
five  hundred  and  twenty-four  of  the  Political  Code,  and  sec- 
tion nine  of  this  act ;  provided,  that  they  may  grant  the  use  ^lay  grant 
and  occupation  of  spaces  along  the  water  front  for  offices  and 
baggage-rooms,  and  for  scales  for  weighing  fruit,  and  may 
charge  therefor  a  reasonable  rent.    The  said  commissioners  collection 

of  wharf  ag( 

shall  have  jurisdiction  over  said  thoroughfare  for  the  pur-  ^tc. 
poses  of  construction,  repair,  removal  of  obstructions,  and  col- 
lection of  dockage,  wharfage,  rents,  and  tolls,  and  for  com- 
mercial purposes ;  and  no  franchise  or  privilege  for  a  railroad 
track  along  said  thoroughfare  shall  be  granted  by  the  super- 
visors of  the  city  and  county  of  San  Francisco. 


44 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Portion 
of  act 
repealed. 


SEC.  4.    EXTENSION   OF  JURISDICTION. 

So  much  of  the  act  approved  March  eleventh,  eighteen  hun- 
dred and  seventy-four,  entitled  ''An  act  to  amend  an  act 
entitled  'An  act  to  vacate  certain  streets,  alleys,  and  market 
places  in  the  city  and  county  of  San  Francisco,  and  to  donate 
the  same  and  other  tide  lands  belonging  to  the  State  of 
California  to  said  city  and  county  of  San  Francisco,  for 
commercial  purposes,  and  other  matters  relating  thereto/ 
approved  March  thirteenth,  eighteen  hundred  and  seventy- 
two,  as  grants  to  the  city  and  county  of  San  Francisco  the 
power  to  lease  the  basins  known  as  China  and  Central  basins, 
is  hereby  repealed ;  and  the  said  basins,  and  also  South,  India 
and  Dry  Dock  basins,  as  laid  out  by  the  board  of  tide  land 
commissioners,  and  Channel  street,  Islais  creek  channel,  and 
the  canal  opening  into  South  Basin,  as  far  as  the  ebb  and  flow 
of  tide  in  them,  are  hereby  dedicated  to  public  use  for  the 
purposes  of  commerce  and  navigation,  and  shall  be  subject, 
together  with  the  streets  inclosing  or  bounding  on  them,  and 
the  seawall  and  thoroughfare  constructed  across  their  open- 
ings, to  the  jurisdiction  of  the  said  commissioners,''  as  pro- 
vided in  the  act  approved  February  twenty-eighth,  eighteen 
hundred  and  seventy-six,  entitled  "An  act  to  amend  an  act 
entitled  an  act  to  establish  a  Political  Code,  approved  March 
twelfth,  eighteen  hundred  and  seventy-two,  and  to  add  a  new 
section  thereto/'  In  case  the  seawall  or  thoroughfare  be 
Drawbridges  extended  across  them,  openings  therein,  with  proper  draw- 
bridges, shall  be  constructed,  of  sufficient  width  to  allow  free 
and  easy  entrance  and  exit,  and  then  they  shall  be  dredged 
to  such  depth  as  may  be  needed  by  the  class  of  vessels  using 
them. 


Dedication 
to  public 
use. 


Jurisdiction 
of  commis- 
sioners. 


Extension 
of  streets. 


Repair. 


SEC.  5.    STREETS  TO   INTERSECT  SEAWALL. 

Whenever  any  section  of  the  seawall  and  thoroughfare  is 
constructed  and  ready  for  use,  the  board  of  supervisors  shall 
cause  the  streets  of  the  city  to  be  extended  and  constructed  so 
as  to  intersect  said  section;  and  in  case  any  such  streets  have 
been  widened  by  the  harbor  commissioners,  they  shall  be  con- 
tracted to  their  original  width  before  such  widening,  and  be 
so  extended.  When  extended  they  shall  be  deemed  public 
streets,  and  their  roadways  and  sidewalks,  to  the  intersection 
of  the  thoroughfare,  shall  be  constructed  and  kept  in  repair  in 
the  manner  provided  by  law  for  the  construction  and  repair 
of  the  public  streets  of  the  city  of  San  Francisco. 


LAWS  AND  STATUTES. 


45 


SEC.   6.    JURISDICTION    OVER    BLOCKS   AND  STREETS. 

The  said  commissioners  shall  havethe  possession,  iurisdic-  q^^mis- 

'  sioners  to 

tion,  and  control  over  the  blocks  and  parts  of  blocks  formed  t^iVfTe'r- 
by  the  change  of  the  water  front  and  the  extensions  of  the 
streets  to  the  thoroughfare  aforesaid,  and  remove  any  obstruc- 
tions placed  thereon  in  the  same  manner  as  provided  for 
the  removal  of  obstructions  from  the  piers,  wharves  and 
thoroughfares.    The  commissioners  are  authorized  to  keep  May 
and  maintain  said  blocks  and  parts  of  blocks  as  open  spaces  porlf^as. 
for  the  use  of  the  public,  or  they  may,  in  their  discretion, 
inclose  them.    The  commissioners  are  also  authorized  to  assign 
the  use  of  such  portion  thereof  as  they  deem  expedient  for 
such  purposes  solely  as  will  be  most  advantageous  to  the  com- 
merce of  the  port,  and  upon  such  terms  and  conditions  as  they 
may  determine.    All  such  assignments  shall  terminate  at  the 
pleasure  of  the  commissioners.    The  commissioners  are  also  ^^^y  lease 
authorized  to  lease  such  portion  or  portions  of  seawall  lots,  ^^^^^^^u  lots. 
numbered  one,  two,  three,  four,  five,  six,  seven,  eight,  nine, 
ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  seven- 
teen,  eighteen,   nineteen,   twenty,    twenty-one,  twenty-two, 
twenty-three,  twenty-four,  twenty-five,  '^a''  and  '^b,''  as  they 
may  deem  expedient  for  such  purposes  solely  as  will  be  most 
advantageous  to  the  commerce  of  the  port;  provided,  that 
before  the  execution  of  any  lease,  notice  of  the  letting  or  leas- 
ing of  any  of  the  lots  hereinbefore  mentioned,  or  parts  thereof, 
shall  be  given  by  publication  in  three  of  the  daily  papers 
published  in  the  city  of  San  Francisco  for  at  least  ten  days ; 
such  notice  shall  state  the  lot  or  portion  of  lot  to  be  leased,  and 
that  bids  will  be  received  by  the  commissioners  at  a  place  and 
time  designated  in  such  notice;  and  that  said  property  shall 
be  let  to  the  highest  and  best  bidder;  provided  further,  that  all 
bids  for  lease  of  lots,  or  portions  of  lots,  herein  mentioned, 
shall  set  forth  the  purposes  for  which  said  lots,  or  the  portions 
thereof,  shall  be  used,  and  that  the  statement  of  such  bid  shall 
be  embodied  in  the  lease  given  by  the  board  of  state  harbor 
commissioners  with  the  condition  that  the  lot  shall  be  used  for 
such  purposes  only;  provided  further,  that  said  board  shall 
have  power  to  reject  any  and  all  bids;  and  provided  further, 
that  in  no  event  shall  any  such  lease  or  leases  be  made  for  a 
term  exceeding  twenty-five  years;  provided,  however,  that  all  xennof 
leases  made  and  executed  within  two  years  preceding  February  '''''' 
fifteenth,  nineteen  hundred  and  one,  and  on  file  in  the  office 
of  the  secretary  of  state,  of  any  lands  belonging  to  the  state 


46 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Seawall  a 
public  use. 


Damages, 
how  paid. 


Commis- 
sioners to 
assign 
berths. 


Charges. 


Collection  of 

wharfage, 

etc. 


To  take  pos- 
session of 
goods. 


less  than  fifty  acres  in  area,  and  which  lease  has  been  made  to 
any  corporation  incorporated  in  this  state,  or  to  any  person  or 
persons,  for  terminal  facilities,  is  hereby  recognized,  approved 
and  ratified,  and  the  conditions,  covenants,  and  agreements 
of  the  parties  thereto  are  made  binding  on  the  said  parties, 
and  on  their  successors  and  assigns,  and  on  the  State  of 
California.  [Amendment  approved  March  19,  1909,  Stats, 
1909,  p.  434;  repealed  all  acts  or  parts  of  acts  conflicting  with 
this  amendment;  took  effect  from  date  of  approval.  This 
section  of  above  act  was  previously  amended  March  17,  1880; 
March  19,  1889,  March  26,  1895;  March  23,  1901,  and  March 
18,  1905,] 

SEC.  7.    SEAWALL   DECLARED  A  PUBLIC  USE. 

The  said  seawall  and  thoroughfare  is  hereby  declared  a 
public  use,  in  the  laying  out  and  construction  of  which  the 
right  of  eminent  domain  may  be  exercised  by  the  harbor  com- 
missioners, in  the  name  of  the  people  of  the  state,  for  the 
estates  and  rights,  and  in  the  manner  provided  in  part  III, 
title  VII,  of  the  Code  of  Civil  Procedure;  the  said  commis- 
sioners are  authorized  to  pay,  out  of  the  harbor  improvement 
fund,  any  compensation  and  damages  assessed  in  such  pro- 
ceedings. But  said  commissioners,  for  the  purpose  of  obtain- 
ing the  material  for  such  construction,  may  enter  into  contract 
without  resorting  to  such  proceedings. 

SEC.  8.     BERTHS  AND  SLIPS. 

The  commissioners  are  authorized  to  assign  berths  and  slips 
for  the  exclusive  use  of  seagoing  steamers,  ferryboats  and 
steamboats  navigating  the  waters  of  the  bay  of  San  Francisco 
and  its  tributaries,  and  to  construct  suitable  offices,  sheds  and 
inclosures  for  the  accommodation  of  their  business,  and  may 
charge  for  such  exclusive  use  a  reasonable  sum,  irrespective  of 
their  tonnage,  or  the  number  of  days  such  berth  is  occupied. 

SEC.  9.    WHARFAGE  AND  TOLLS,  HOW  ENFORCED. 

For  the  purpose  of  enforcing  the  charge  for  wharfage  or 
tolls  on  goods,  wares  and  merchandise  landed  on  any  wharf, 
pier,  or  thoroughfare,  or  remaining  thereon  longer  than  the 
time  prescribed  by  the  harbor  regulations,  the  said  commis- 
sioners are  authorized  to  take  possession  of  such  goods,  wares 
and  merchandise,  and  if  such  charge  be  not  paid  within  two 
days  thereafter,  may  remove  and  store  the  same  at  the  charge, 
risk  and  expense  of  the  owner  or  consignee  thereof,  or  may  sell 
the  same  by  public  auction,  with  or  without  notice,  at  their  dis- 


LAWS  AND  STATUTES. 


47 


cretion ;  and  for  the  purpose  of  keeping  the  wharves,  piers,  and  tiSL^""' 
thoroughfares  free  of  obstructions,  the  said  commissioners 
shall  cause  a  written  notice  to  be  served  on  the  owner,  agent, 
consignee,  or  person  in  possession  of  any  such  obstructing 

Notice  to 
^  remove. 

material  or  structure,  or  may  post  a  notice  thereon,  at  their 
discretion,  requiring  its  removal  within  twenty-four  hours 
thereafter ;  and  on  failure  to  comply  therewith,  the  commis-  commis- 

'  sioners  to 

Sioners  may  remove,  store,  or  sell  the  same  by  public  auction,  anTsen. 
at  their  discretion.  From  the  proceeds  of  any  such  sale  they  of  proceeds, 
shall  retain  all  the  wharfage  and  tolls  due,  with  ten  per  cent 
thereon,  and  in  case  of  obstructions,  twenty-five  dollars  for 
each  and  every  day  during  which  the  wharf,  pier,  or  thorough- 
fare has  been  obstructed,  and  also  all  the  expenses  attending 
such  sale,  and  the  surplus,  if  any,  shall  be  paid  to  the  proper 
party.    Such  sale  shall  be  made  subject  to  immediate  removal. 

SEC.  10.    PENALTY  FOR  NON-PAYMENT  OF  WHARFAGE. 

Any  water  craft  that  shall  leave  any  wharf,  pier,  quay,  land-  ^^^^^^f 
ing,  thoroughfare,  slip,  dock,  or  basin,  unless  forced  to  do  so  whaJtale. 
by  stress  of  weather,  without  first  paying  the  dockage  due 
from  such  vessel,  shall  be  liable  to  pay,  in  addition  to  the  pen- 
alty prescribed  by  section  twenty-five  hundred  and  twenty- 
four  of  the  Political  Code,  the  sum  of  ten  dollars. 

Sec.  11.    This  act  shall  take  effect  from  and  after  its 

passage. 

People  vs.  Williams,  64  Cal.  502 ; 

People  vs.  Pacific  Imp.  Co.,  130  Cal.  444. 


AN  ACT 

To  amend  section  six  of  an  act  entitled  ''An  act  concerning' 
the  water  front  of  the  city  and  county  of  San  Francisco/' 
approved  March  fifteenth,  eighteen  hundred  and  seventy- 
eight,  and  to  confer  further  powers  upon  the  hoard  of  state 
harbor  commissioners. 
[Approved  March  17,  1880;  Stats.  1880,  p.  10  (Ban.  ed.,  p.  31.)] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

[Section  1  consists  of  the  amendment  to  section  six  of  the 
foregoing  act,  therein  inserted.] 

SEC.  2.    NORTH   BEACH  WATER  FRONT  FOR  LANDING  MERCHAN- 
D I S  E. 

The  said  commissioners  are  authorized  to  set  apart  and  use  portion  of 
that  portion  of  the  water  front  and  thoroughfare  situated  Ei''"'^'"* 


48 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


between  the  west  line  of  Powell  street  and  the  north  line  of 
Francisco  street  for  the  landing  and  loading  of  grain  and 
other  merchandise,  and  may  erect  thereon  such  sheds  and 
structures  as  may  be  necessary  for  sheltering  the  same;  pro- 
vided, that  a  roadway  of  not  less  than  seventy-five  feet  on  the 
inner  side  of  the  thoroughfare  shall  be  left  open  for  the  passage 
of  vehicles.  They  may,  from  time  to  time,  fix  the  rates  and 
prescribe  the  terms  and  conditions  on  which  such  sheds  and 
structures  may  be  used,  and  shall  have  the  same  control  over 
them  as  over  the  wharves  and  other  part  of  the  water  front; 
provided,  that  they  shall  assume  or  incur  none  of  the  duties  or 
obligations  of  warehousemen. 

SEC.  3.  DEPOTS. 

Depots.  The  said  commissioners  are  authorized  to  set  apart  spaces  on 

the  water  front  as  depots  for  the  landing  of  the  passenger 
and  freight  cars  of  railroad  companies,  and  may  construct 
such  docks,  wharves,  and  sheds  as  may  be  needed  for  that  pur- 
Rent,  pose.  They  must  require  a  proper  rent  to  be  paid  for  such 
spaces  and  structures,  and  the  dockage  on  the  steamers  trans- 
porting such  cars  and  the  wharfage  on  merchandise  put  on  or 
off  such  cars,  or  passing  through  such  depots,  shall  be  the 
same  as  prescribed  by  the  general  regulations  of  the  board. 

SEC.   4.    ADJUSTMENT   OF    RATES   OF  WHARFAGE. 

Adjustment      As  soou  as  practicable,  the  rates  of  wharfage  on  merchan- 
dise and  other  articles  must  be  adjusted  and  classified  upon 
such  system,  and  be  collected  in  such  manner,  and  by  such  offi- 
cers, as  the  commissioners  may  determine  and  direct.  The 
Collection    dutics  of  such  officcTS,  their  compensation  and  amount  of  bond 
officers.  faithful  performance  of  duty,  shall  be  fixed  by  the  commis- 

sioners. When  such  system  is  put  in  force,  no  tolls  must  be 
collected  by  the  load  or  vehicle,  on  any  merchandise  passing  on 
or  off  the  wharves,  and  the  system  of  collection  by  toll  col- 
lectors must  cease. 

SEC.   5.  (REPEALED.) 

SEC.  6.    DUTIES  OF   MASTERS,  OWNERS  OR  CONSIGNEES. 

The  master,  owner,  or  consignee  of  every  vessel,  and  the 
owner,  agent,  or  manager  of  every  railroad  car,  at  the  time  of 
the  arrival  and  before  the  departure  of  any  such  vessel  or  car, 
must  deliver  to  the  wharfinger,  or  other  proper  officer  of  the 
commission,  a  full  and  correct  statement,  signed  by  him  as 
such  master,  owner,  consignee,  agent,  or  manager,  of  all  mer- 


Terms  and 
conditions 
of  use. 


Statement 
to  be  deliv- 
ered to 
wharfinger. 


LAWS  AND  STATUTES. 


49 


chandise  of  every  kind  intended  to  be  discharged  from  or 

received  on  such  vessel  or  car,  other  than  such  as  is  referred 

to  m  section  five  of  this  act,  specifying  in  detail  the  character  Contents  of 

and  quantity  of  each  kind  of  such  merchandise ;  and  in  the 

case  of  an  arriving  vessel  or  car,  the  names  of  the  consignees 

or  owners  thereof,  and  also  the  port  or  place  from  which  such 

merchandise  is  brought,  or  to  which  it  is  to  be  carried.  In 

Penalty  for 

,     -  '  '  failure 

case  any  person  shall  neglect  or  refuse  to  deliver  such  state-  statement, 
ment  as  above  provided,  or  shall  make  wilfully  a  statement 
false  in  any  of  the  above  recited  particulars,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by 
imprisonment  not  exceeding  fifty  days,  or  both  such  fine  and 
imprisonment. 


SEC.  7.    DISCHARGE  OR  RECEIPT  OF  FREIGHT  WITHOUT  PAYING 
WHARFAGE,  MISDEMEANOR.  myiin^^ 

In  case  the  master,  agent,  or  ow^ner  of  any  vessel,  or  the  Penalty  for 

J  .,  discharge 

owner,  agent,  or  manager  of  any  railroad  car,  shall  discharge  "ff^etS 
from  or  receive  on,  or  allow  to  be  discharged  from  or  received  SStof 
on,  such  vessel  or  car  any  merchandise  or  other  article  other 
than  such  as  is  referred  to  in  section  five  of  this  act,  before  the 
v^harfage  thereon  has  been  paid,  of  which  payment  the  only 
evidence  shall  be  a  receipt  signed  by  the  wharfinger  or  other 
proper  officer  of  the  commission,  he  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof,  shall  be  punished 
by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment not  exceeding  one  hundred  days,  or  by  both  such  fine  and 
imprisonment;  provided,  that  the  warrant  of  arrest  may  be 
discharged  at  any  time  before  trial  by  the  payment  of  the  fefa™' 
wharfage  on  such  merchandise  or  other  articles  wrongfully 
discharged  or  received,  together  with  the  costs  of  the  legal 
proceedings. 

^^^TIONS.°^^'^®'°^^''®  '^^^  RELEASE  PARTIES  FROM  OBLIGA- 

The  said  commissioners  may,  by  written  permits,  release  ^.^^^^ 
parties  from  the  obligation  to  deliver  the  statement  required  Srlfease 
by  section  six,  or  to  pay  wharfage  before  the  discharge  or  S " 
receipt  of  merchandise  or  other  article,  as  required  by  section 
seven ;  provided,  that  before  any  part  of  such  merchandise  or 
other  articles  are  discharged  or  received,  a  proper  and  suffi- 
cient guarantee,  in  writing,  shall  be  given  to  the  said  com- 
missioners for  the  payment  of  all  wharfage  thereon.  Such 


from  obli- 
:ations. 


Bond. 


4—11204 


50 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Nature  of 
obligation. 


Rates  for 
lessees  to 
collect. 


Lien  of  com- 
missioners. 


Extension 
of  water 
front. 


guaranty  shall  be  deemed  an  original  obligation  on  the  part  of 
the  guarantor,  and  no  other  consideration  thereof  need  exist  or 
be  expressed  than  the  acceptance  of  the  said  permit. 

SEC.  9.  (REPEALED.) 

SEC.  10.  LESSEES  OF  STATE,  WHAT  RATES  OF  DOCKAGE  AND 
WHARFAGE  TO  COLLECT. 

The  lessees  of  the  state  or  the  commissioners  shall  charge  and 
collect  the  same  rates  of  dockage  and  wharfage  as  may  be 
established  by  the  said  commissioners  in  pursuance  of  this  act ; 
provided,  that  this  section  shall  not  be  deemed  to  confer  any 
new  or  additional  rights  on  any  of  said  lessees. 

SEC.  11.    LIEN  FOR  WHARFAGE. 

Nothing  in  this  act  shall  be  deemed  to  divest  the  said  com- 
missioners of  the  lien  on  merchandise  and  other  articles  for  its 
wharfage,  or  of  the  right  to  enforce  such  lien  as  is  provided  by 
existing  statutes. 

Sec.  12.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  13.  This  act  shall  take  effect  from  and  after  its 
passage. 

AN  ACT 

To  provide  for  the  further  extension  of  the  water  front  line  of 
the  city  and  county  of  San  Francisco  and  the  construction 
of  the  seawall. 

[Approved  April  23,  1880.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  water  front  line  of  the  city  and  county  of 
San  Francisco,  as  adopted  on  the  twelfth  day  of  September, 
one  thousand  eight  hundred  and  seventy-seven,  by  the  gov- 
ernor, the  mayor  of  the  city  and  county  of  San  Francisco,  and 
the  board  of  state  harbor  commissioners,  and  as  indicated  on 
the  maps  filed  in  the  office  of  said  board,  and  of  the  recorder 
of  the  said  city  and  county,  is  hereby  further  extended  in  a 
straight  line  westerly  from  the  east  line  of  Taylor  street  to  its 
intersection  with  the  north  line  of  Van  Ness  avenue  produced 
northerly ;  and  the  said  board  are  authorized  to  construct  the 
seawall  and  thoroughfare  in  alternate  sections  of  one  thousand 
feet  each  west  of  Powell  street  and  south  of  Lombard  street. 

Sec.  2.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Sec.  3.    This  act  shall  take  effect  from  and  after  its  passage. 


LAWS  AND  STATUTES. 


51 


AN  ACT 

To  provide  penalties  for  failure  to  pay  tolls,  by  false  returns 
or  otherwise,  to  any  hoard  of  state  harbor  commissioners  of 
the  State  of  California. 

[Approved  March  10,  1891;  Stats.  1891,  p.  27.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Any  person,  corporation,  firm,  or  association  Penalty  f( 
who  shall,  by  false  returns,  or  in  any  manner,  avoid  the  pay-  '^l^p^' 
ment  of  all  or  any  portion  of  any  tolls  that  may  be  due  to  any 
board  of  state  harbor  commissioners  of  the  State  of  California, 
from  any  source  or  cause,  as  provided  for  by  law  and  the  rules 
and  regulations  of  said  board,  shall  be  liable  for  and  shall  pay 
to  said  board  twice  the  amount  of  such  tolls,  and  in  addition 
thereto  the  sum  of  ten  dollars  over  and  above  such  amount. 

Sec.  2.    This  act  shall  take  effect  from  and  after  its  passage. 


AN  ACT 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  construction  and  furnishing  by  the  board  of 
state  harbor  commissioners  of  a  general  ferry  and  passenger 
depot  in  the  city  and  county  of  San  Francisco;  to  create  a 
sinking  fund  for  the  paijment  of  said  bonds,  and  provide  for 
the  submission  of  this  act  to  a  vote  of  the  people. 

[Approved  March  17,  1891;  Stats.  1891,  p.  110.] 
The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  For  the  purpose  of  providing  a  fund  for  the  General 
payment  of  the  indebtedness  hereby  authorized  to  be  incurred 
by  the  board  of  state  harbor  commissioners  for  the  erection  £icfel. 
and  furnishing  of  a  general  railroad,  passenger  and  ferry 
depot,  at  or  near  the  foot  of  Market  street,  in  the  city  and 
county  of  San  Francisco,  at  a  cost  not  to  exceed  six  hundred 
thousand  dollars,  which  the  said  board  of  state  harbor  commis- 
sioners are  hereby  authorized  to  construct  in  the  manner  and 
method  authorized  by  law,  and  at  a  cost  not  to  exceed  said  six 
hundred  thousand  dollars,  the  state  treasurer  shall,  immedi- 
ately after  the  issuance  of  the  proclamation  of  the  governor, 
hereinafter  provided  for,  prepare  suitable  bonds  of  the  State 


52 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Nature  and 
amount  of 
bonds. 


Interest, 
how  due 
and  payable. 


First 
interest. 


Expiration 
of  interest. 


Signature 
to  bonds. 


Interest 
coupons. 


Commence- 
ment of 
interest. 


Expense  of 
preparation, 
how  paid. 


Sale  of 
bonds. 


Rejection 
of  bids. 


Continuance 
of  sale. 


of  California :  one  thousand  bonds  in  the  denomination  of  one 
hundred  dollars  each ;  five  hundred  bonds  in  the  denomination 
of  five  hundred  dollars  each;  two  hundred  and  fifty  bonds  in 
the  denomination  of  one  thousand  dollars  each.  The  whole 
issue  of  said  bonds  shall  not  exceed  the  sum  of  six  hundred 
thousand  dollars,  which  said  bonds  shall  bear  interest  at  the 
rate  of  four  per  centum  per  annum  from  their  date,  and  shall 
be  payable  at  the  office  of  the  state  treasurer  at  the  expiration 
of  nineteen  years  from  their  date.  Said  bonds  shall  bear  date 
the  first  day  of  January,  A.  D.  eighteen  hundred  and  ninety- 
three,  and  shall  be  payable  on  the  first  day  of  January,  A.  D. 
nineteen  hundred  and  twelve.  The  interest  accruing  on  said 
bonds  shall  be  due  and  payable  at  the  office  of  the  said  treas- 
urer on  the  first  day  of  January  and  the  first  day  of  July  of 
each  year ;  provided^  that  the  first  payment  of  interest  shall  be 
made  on  the  first  day  of  July,  A.  D.  eighteen  hundred  and 
ninety-three,  on  so  many  of  said  bonds  as  have  been  thereto- 
fore issued.  At  the  expiration  of  nineteen  years  from  the  date 
of  said  bonds  they  shall  cease  to  bear  interest,  and  said  treas- 
urer shall  forthwith  pay  the  same  out  of  the  San  Francisco 
depot  sinking  fund,  provided  for  hereinafter  in  this  act.  Said 
bonds  shall  be  signed  by  the  governor,  countersigned  by  the 
controller,  indorsed  by  said  treasurer,  and  shall  have  the  seal 
of  the  state  affixed  thereto. 

Sec.  2.  Interest  coupons  shall  be  attached  to  each  bond, 
so  that  they  may  be  removed  without  injury  or  mutilation  to 
the  bond.  Said  coupons,  consecutively  numbered,  shall  be 
signed  by  the  state  treasurer.  But  no  interest  on  any  of  said 
bonds  shall  be  paid  for  any  time  which  may  intervene  betAveen 
the  date  of  any  of  said  bonds  and  the  issue  thereof  to  a  pur- 
chaser. 

Sec.  3.  The  sum  of  one  thousand  dollars  is  hereby  appro- 
priated to  pay  the  expense  that  may  be  incurred  by  the  state 
treasurer  in  having  said  bonds  prepared.  Said  amount  shall 
be  paid  out  of  the  San  Francisco  harbor  improvement  fund,  on 
controller's  warrants  duly  drawn  for  that  purpose. 

Sec.  4.  When  the  bonds  authorized  to  be  issued  under  this 
act  shall  be  duly  executed,  numbered  consecutively,  and  sealed, 
they  shall  be  by  the  state  treasurer  sold  at  public  auction  to  the 
highest  bidder  for  cash,  and  in  such  parcels  as  said  treasurer 
shall  deem  best ;  but  he  must  reject  any  and  all  bids  for  said 
bonds,  or  any  of  them,  which  shall  be  below  the  par  value  of 
said  bonds ;  and  he  may,  by  public  announcement  at  the  place 
of  sale,  continue  such  sale,  as  to  the  whole  or  any  part  thereof, 


LAWS  AND  STATUTES. 


53 


to  any  time  and  place  he  may  select.    Due  notice  of  the  place  f^il]""^ 
and  time  of  sale  of  such  bonds  shall  be  given  by  said  treasurer, 
by  publication  in  two  newspapers  published  in  the  city  and  Publication, 
county  of  San  Francisco,  and  also  in  two  newspapers  pub- 
lished in  the  city  of  Oakland,  two  published  in  the  city  of  Los 
Angeles,  and  two  published  in  the  city  of  Sacramento,  once  a 
week  for  four  weeks  prior  to  such  sale.    The  costs  of  such  costs  of 
publication  shall  be  paid  out  of  the  San  Francisco  harbor 
improvement  fund,  on  controller's  warrants  duly  drawn  for 
that  purpose.    The  proceeds  of  the  sale  of  such  bonds  shall  be  otHif^ 
forthwith  paid  over  by  said  treasurer  into  the  treasury,  and 
must  be  by  him  kept  in  a  separate  fund,  to  be  known  and  des- 
ignated as  the  ' '  San  Francisco  depot  fund, ' '  and  must  be  used  Fund, 
exclusively  for  the  building  and  furnishing  of  said  depot. 
Drafts  and  warrants  upon  said  fund  shall  be  drawn  upon  and  i^^^fts  anci 
shall  be  paid  out  of  said  fund  in  the  same  manner  as  drafts 
and  warrants  are  drawn  upon  and  paid  out  of  the  San  Fran- 
cisco harbor  improvement  fund. 

Sec.  5.    For  the  payment  of  the  principal  and  interest  of  f^'^f''^ 
said  bonds  a  sinking  fund,  to  be  known  and  designated  as  the 
''San  Francisco  depot  sinking  fund,''  shall  be  and  the  same  is 
hereby  created,  as  follows:  The  state  treasurer  shall   on  the  Creation  of 
first  day  of  each  and  every  month  after  the  date  of  said  bonds,  ^''"''^-"^ 
take  from  the  San  Francisco  harbor  improvement  fund  the 
sum  of  four  thousand  six  hundred  and  thirty-one  dollars,  and 
place  the  same  in  said  San  Francisco  depot  sinking  fund  cre- 
ated by  this  section.    Said  treasurer  shall,  on  controller 's  ^i^^estment 

'  ^  ot  smiling 

warrants  duly  drawn  for  that  purpose,  employ  the  moneys  in 
said  sinking  fund  in  the  purchase  of  bonds  of  the  United 
States,  which  said  bonds  shall  be  kept  in  a  proper  receptacle, 
appropriately  labeled;  but  he  must  keep  always  on  hand  a  Money  for 
sufficient  amount  of  money  in  said  sinking  fund  with  which  to  ^eTept  on 
pay  the  interest  on  the  state  bonds  herein  provided  to  be  issued.  ^^""^ 
And  to  provide  means  for  the  payment  of  said  sum  of  five 
thousand  one  hundred  and  thirty-one  dollars,  monthly,  from 
said  San  Francisco  harbor  improvement  fund  into  said  San 
Francisco  depot  sinking  fund,  and  for  the  other  payments  out 
of  said  fund  authorized  by  this  act,  and  as  provided  for 
therein,  the  said  board  of  state  harbor  commissioners  are 
hereby  authorized  and  directed,  by  the  collection  of  dockage, 
wharfage,  tolls,  rents,  and  cranage,  to  collect  a  sum  of  money  collections 
sufficient  therefor,  over  and  above  the  amount  limited,  by  sec- 
tion  two  thousand  five  hundred  and  twenty-six  of  the  Political 


54 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Disposition 
of  any 
surplus. 


Bonds  in 
sinking  fund 
to  be  sold. 


State 
treasurer 
to  keep 
accounts. 


Beports. 


Books  and 
papers  open 
to  inspec- 
tion. 


Payment 
of  interest. 


To  take 
effect,  when. 


Exception. 


To  be  sub- 
mitted to 
people. 


Ballots. 


Proclama- 
tion of 
governor. 


Code  of  the  State  of  California.  After  the  payment  of  all  of 
said  bonds  the  surplus  or  balance  remaining  in  said  sinking 
fund,  if  any  there  be,  shall  forthwith  be  paid  into  the  San 
Francisco  harbor  improvement  fund.  At  the  maturity  of  said 
state  bonds  the  said  treasurer  shall  sell  the  United  States  bonds 
then  in  said  sinking  fund,  at  governing  market  rates,  and 
place  the  proceeds  in  said  San  Francisco  depot  sinking  fund, 
and  shall  pay  out  the  same  in  extinguishment  of  said  state 
bonds,  on  controller's  warrants  duly  drawn  for  that  purpose. 

Sec.  6.  The  state  treasurer  shall  keep  full  and  particular 
account  and  record  of  all  his  proceedings  under  this  act,  and 
he  shall  transmit  to  the  governor  an  abstract  of  all  his  pro- 
ceedings thereunder,  with  his  annual  report,  to  be  by  the  gov- 
ernor laid  before  the  legislature ;  and  all  books  and  papers  per- 
taining to  the  matter  provided  for  in  this  act  shall  at  all  times 
be  open  to  the  inspection  of  any  party  interested,  or  the  govT 
ernor,  or  attorney  general,  or  a  committee  of  either  branch  of 
the  legislature,  or  a  joint  committee  of  both. 

Sec.  7.  It  shall  be  the  duty  of  the  state  treasurer  to  pay 
the  interest  of  said  bonds,  when  the  same  falls  due,  out  of  the 
sinking  fund  provided  for  in  this  act,  on  controller's  warrants 
duly  drawn  for  that  purpose. 

Sec.  8.  This  act,  if  adopted  by  the  people,  as  hereinafter 
provided  for,  shall  take  effect  on  the  thirty-first  day  of  Decem- 
ber, A.  D.  eighteen  hundred  and  ninety-two,  as  to  all  its  provi- 
sions, except  those  relating  to  and  necessary  for  its  submission 
to  the  people,  and  for  returning,  canvassing  and  proclaiming 
the  votes,  and  as  to  said  excepted  provisions  this  act  shall  take 
effect  immediately. 

Sec.  9.  This  act  shall  be  submitted  to  the  people  of  the 
State  of  California  for  their  ratification  at  the  next  general 
election,  to  be  holden  in  the  month  of  November,  A.  D. 
eighteen  hundred  and  ninety-two ;  and  the  qualified  electors  of 
the  state  shall,  at  said  election,  on  their  ballots  vote  for  or 
against  this  act ;  those  voting  for  the  same  shall  write  or  have 
printed  on  their  ballots  the  words  ''For  the  San  Francisco 
Depot  Act,"  and  those  voting  against  the  same  shall  write  or 
have  printed  on  their  ballots  the  words  "Against  the  San 
Francisco  Depot  Act."  The  governor  of  this  state  shall 
include  the  submission  of  this  act  to  the  people,  as  aforesaid, 
in  his  proclamation  calling  for  said  general  election. 


LAWS  AND  STATUTES. 


55 


Sec.  10.  The  votes  cast  for  or  against  this  act  shall  be  retuS; 
counted,  returned  and  canvassed,  and  declared  in  the  same  vas^inTof 

votes. 

manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election,  f^f^H""^ 
as  aforesaid,  then  the  same  shall  have  effect  as  hereinbefore 
provided,  and  shall  be  irrepealable  until  the  principal  and 
interest  of  the  liabilities  herein  created  shall  be  paid  and 
discharged,  and  the  governor  shall  make  proclamation  thereof ; 
but  if  a  majority  of  the  votes  cast  as  aforesaid  are  against  this 
act,  then  the  same  shall  be  and  become  void. 

Sec.  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  of^'^aS^'"" 
have  this  act  published  in  at  least  one  newspaper  in  each 
county,  or  city  and  county,  if  one  be  published  therein, 
throughout  this  state,  for  three  months  next  preceding  the 
general  election  to  be  holden  in  the  month  of  November,  A.  D. 
eighteen  hundred  and  ninety-two.  The  costs  of  such  publi-  ^°f^^' 
cation  shall  be  paid  out  of  the  general  fund,  on  controller's 
warrants  duly  drawn  for  that  purpose. 

Sec.  12.  This  act  may  be  known  and  cited  as  the  ^ '  San  Name  of  act. 
Francisco  Depot  Act.'' 

Sec.  13.    All  acts  or  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Bateman  vs.  Colgan,  111  Cal.  580  (cited  in  Lewis  vs.  Golgan,  115 
Cal.  534). 


AN  ACT 

To  extend  the  jurisdiction  of  the  hoard  of  state  harbor  com- 
missioners  over  East  street,  San  Francisco. 
[Approved  March  31,  1891;  Stats.  1891,  p.  261.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.    That  portion  of  East  street,  between  Pacific  Extension 
and  Folsom  streets,  in  the  city  and  county  of  San  Francisco,  {j^^^of 
which  has  heretofore  been  under  the  jurisdiction  of  the  board 
of  supervisors  of  said  city  and  county,  is  hereby  placed  under 
the  jurisdiction  of  the  board  of  state  harbor  commissioners. 

Sec.  2.    The  board  of  state  harbor  commissioners  is  hereby  ^ 

Control 

authorized  and  directed  to  assume  control  of  said  street  within  ^If^^^^^ 
the  limits  defined  in  section  one,  and  to  operate  the  same,  as 
required  by  law  for  other  portions  of  the  water  front. 

Sec.  3.    This  act  shall  take  efl:'ect  from  and  after  its  passage. 


56 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 

To  empower  the  hoard  of  state  harbor  commissioners  to  rectify 
the  alignment  of  East  street,  from  Pacific  street  to  Market 
street  J  in  the  city  and  county  of  San  Francisco,  and  to  sell, 
acquire,  and  condemn  adjacent  property. 

[Approved  March  31,  1891;  Stats.  1891,  p.  270.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  folloivs: 


Alignment 
of  East 
street. 


Limitations 
of  align- 
ment. 


Jurisdiction 
of  board. 


Powers 
of  board. 


Record  of 
proceedings. 


Statement 
of  payments 
and  receipts. 


Condemna- 
tion. 


Section  1.  The  board  of  state  harbor  commissioners  is 
hereby  authorized  and  directed  to  rectify  the  alignment  of 
East  street,  between  Pacific  street  and  Market  street,  in  the 
city  and  county  of  San  Francisco,  said  rectification  to  be  done 
so  as  to  straighten  the  property  lines  and  give  as  wide  and 
commodious  a  thoroughfare  as  the  traffic  may  demand. 

Sec.  2.  In  no  case  shall  the  alignment  of  the  westerly  side 
of  said  thoroughfare  extend  east  of  the  inner  line  of  the 
thoroughfare  as  now  established  and  defined  by  law. 

Sec.  3.  The  jurisdiction  of  the  said  board  shall  be  westerly 
to  the  line  as  established  under  this  act. 

Sec.  4.  The  board,  in  carrying  out  this  law  shall  have  the 
power  to  purchase  and  sell,  and  to  exchange,  upon  a  legal  and 
equitable  basis,  any  portion  or  portions  of  the  property  adja- 
cent to  the  westerly  line  of  the  thoroughfare  herein  provided 
for;  and  a  full  record  of  their  proceedings  shall  be  entered 
upon  their  minutes,  and  a  sworn  statement  of  all  transfers, 
sales,  and  purchases,  and  other  transactions,  shall  be  filed  with 
the  secretary  of  state.  Said  statements  shall  show  in  full  all 
payments  and  receipts,  itemized  so  as  to  definitely  exhibit  the 
price  or  prices  of  each  parcel  of  land  transferred. 

Sec.  5.  In  case  of  failure  on  the  part  of  the  interested 
parties  to  come  to  a  satisfactory  agreement,  the  board  shall 
have  the  power  to  condemn,  as  in  other  cases,  for  public  pur 
poses. 

Sec.  6.    This  act  shall  take  effect  from  and  after  its  passage. 


LAWS  AND  STATUTES. 


57 


AN  ACT 

To  authorize  suits  against  the  State,  and  regulating  the  pro- 
cedure therein. 

[Approved  February  28,  1893;  Stats.  1803,  p.  57.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  All  persons  who  have,  or  shall  hereafter  have,  who  may 
claims  on  contract  or  for  negligence  against  the  state,  not  ^"^^^^^ 
allowed  by  the  state  board  of  examiners,  are  hereby  authorized, 
on  the  terms  and  conditions  herein  contained,  to  bring  suit 
thereon  against  the  state  in  any  of  the  courts  of  this  state  of 
competent  jurisdiction,  and  prosecute  the  same  to  final  judg- 
ment. The  rules  of  practice  in  civil  cases  shall  apply  to'  such 
suits,  except  as  herein  otherwise  provided. 

Sec.  2.  No  such  suit  shall  be  maintained  on  any  claim  now  Limitation 
existing,  unless  the  same  be  brought  within  two  years  after 
this  act  takes  effect ;  nor  shall  any  such  suit  be  maintained  on 
any  cause  of  action  hereafter  arising,  unless  the  same  shall  be 
commenced  within  two  years  after  such  cause  of  action  shall 
have  accrued;  provided,  that  the  period  of  limitation  provided  Exceptions, 
for  in  section  two  of  this  act  shall  not  apply  to  or  affect  the 
rights,  interests,  or  claims  of  any  minor,  or  insane  person,  or  a 
person  imprisoned  on  a  criminal  charge,  or  in  execution  under 
a  sentence  of  a  criminal  court  for  a  period  of  not  less  than  for 
life,  or  a  married  woman  and  her  husband  be  a  necessary  party 
with  her  in  commencing  such  action,  or  an  incompetent  person; 
but  such  action  may  be  commenced  within  the  period  above 
provided  for  after  such  disability  shall  cease. 

Sec.  3.  At  the  time  of  filing  the  complaint  in  any  such  security  for 
suit,  the  plaintiff  shall  file  therewith  an  undertaking,  in  such 
sum  not  less  than  five  hundred  dollars,  as  a  judge  of  the  court 
shall  fix,  with  two  sufficient  sureties,  to  be  approved  by  a  judge 
of  the  court,  and  conditioned  that,  in  case  the  plaintiff  fails  to 
recover  judgment  he  will  pay  all  costs  incurred  by  the  state  in 
such  suit,  including  a  reasonable  counsel  fee,  to  be  fixed  by 
the  court. 

Sec.  4.  Service  of  summons  in  such  suits  shall  be  made  on 
the  governor  and  attorney  general.  It  shall  be  the  duty  of 
the  attorney  general  to  defend  all  such  suits;  and  upon  his 
written  demand,  made  at  or  before  the  time  of  answering,  the 


Service  of 


58 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Amount  of 
judgment. 


Duty  of 
governor. 


Duty  of 
controller. 


place  of  trial  of  any  such  suit  must  be  changed  to  the  county 
of  Sacramento. 

Sec.  5.  In  case  judgment  be  rendered  for  the  plaintiff  in 
any  suit,  it  shall  be  for  the  amount  actually  due  from  the 
state  to  the  plaintiff,  with  legal  interest  thereon  from  the  time 
the  obligation  accrued,  and  without  costs. 

Sec.  6.  It  shall  be  the  duty  of  the  governor  to  report  to 
the  legislature,  at  each  session,  all  judgments  rendered  against 
the  state,  and  not  theretofore  reported. 

Sec.  7.  It  shall  be  the  duty  of  the  controller  to  draw  his 
warrant  for  the  payment  of  any  such  judgment,  without  any 
presentation  to  or  approval  of  such  claim  by  the  state  board  of 
examiners,  whenever  a  sufficient  appropriation  for  such  pay- 
ment shall  have  been  made  by  the  legislature ;  and  all  claims 
upon  such  judgments  are  hereby  expressly  exempted  from  the 
operation  of  section  six  hundred  and  seventy-two  of  the  Polit- 
ical Code. 

Sec.  8.    This  act  shall  take  effect  immediately. 
Chapman  vs.  State,  104  Cal.  693; 
Molineaux  vs.  State,  109  Cal.  387, 
Melvin  vs.  State,  121  Cal.  21,  23; 
Davis  vs.  State,  121  Cal.  211; 
Denning  vs.  State,  123  Cal.  319,  323. 


AN  ACT 

To  authorize  and  empoiver  the  hoard  of  state  harbor  commis- 
sioners  to  institute  condemnation  proceedings  against  cer- 
tain property  on  the  corner  of  Market,  Sacramento,  and 
East  streets,  in  the  city  and  county  of  San  Francisco,  and 
extending  their  jurisdiction  over  the  same, 

[Approved  March  26,  1895 ;  Stats.  1895,  p.  79.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  For  the  purpose  of  acquiring  terminal  facil- 
ities for  the  landing  of  passengers  to  and  from  the  passenger 
and  ferry  depot  at  the  foot  of  Market  street,  in  the  city  and 
county  of  San  Francisco,  the  board  of  state  harbor  commis- 
sioners is  hereby  authorized  and  empowered  to  institute  con- 
demnation proceedings  in  the  superior  court  of  the  city  and 
county  of  San  Francisco,  against  all  parties  in  interest  claim- 
ing any  title  in  and  to  that  certain  lot,  piece,'  or  parcel  of  land 


Land  for 
landing  of 
passengers 
to  be  con- 
demned. 


LAWS  AND  STATUTES. 


59 


in  the  city  and  county  of  San  Francisco,  bounded  and  de- 
scribed as  follows,  to  wit : 

Commencing  at  a  point  on  the  westerly  line  of  East  street,  S^'and totx 
distant  thereon  sixty  (60)  feet  and  four  (4)  inches  northerly  ^^^^^^^^d- 
from  the  northwesterly  corner  of  the  intersection  of  the  north- 
erly line  of  Market  street  with  said  w^esterly  line  of  East  street; 
thence  southerly  along  said  westerly  line  of  East  street  sixty 
(60)  feet  and  four  (4)  inches  to  the  intersection  of  said  line  of 
East  street  with  the  northerly  line  of  Market  street;  thence 
westerly  along  the  northerly  line  of  Market  street  eighteen 
(18)  feet  and  six  (6)  inches  to  the  intersection  of  the  north- 
erly line  of  Market  street  with  the  north  line  of  Sacramento 
street;  thence  west  along  the  north  line  of  Sacramento  street 
seventy-nine  (79)  feet  and  eleven  (11)  inches  to  a  point  on 
said  north  line  of  Sacramento  street ;  thence  northeasterly  to 
the  point  of  beginning. 

Sec.  2.    The  inshore  limit  of  the  jurisdiction  of  said  board  .jurisdiction 
shall  be,  and  is  hereby,  extended  so  as  to  include  the  lot  of  extended, 
land  described  in  section  one  of  this  act. 

Sec.  3.  The  board  of  state  harbor  commissioners  may  insti-  to  institute 
tute  any  action  or  actions,  and  prosecute  the  same  to  final 

condemna- 

judgment  for  the  condemnation  of  any  portion  of  the  premises 
described  in  section  one  of  this  act,  and  the  purposes  herein 
mentioned  are  hereby  declared  to  be  a  public  use  in  which  the 
right  of  eminent  domain  may  be  exercised  by  the  board  of  Right  of 

,       ,  .     .  .  eminent 

state  harbor  commissioners  m  the  name  of  the  people  of  the 
state,  for  the  estates  and  rights,  and  in  the  manner  provided 
in  part  III,  title  VII,  of  the  Code  of  Civil  Procedure  of  this 
state. 

Sec.  4.    The  board  of  state  harbor  commissioners  is  hereby  Authorized 
authorized  to  pay  any  judgment  rendered  against  them  in  such  i°idgment. 
condemnation  proceedings,  by  a  draft  drawn  upon  the  con- 
troller of  state,  who  shall  draw  his  warrant  therefor  on  the 
state  treasury,  payable  out  of  any  money  in  said  treasury 
credited  to  the  San  Francisco  harbor  improvement  fund. 

Sec.  5.    This  act  shall  take  effect  from  and  after  its 
passage. 


60 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 


Contracts 
for  buildings 
and 

erections. 


Sealed 
proposals, 
notice  of. 


Notice  to  be 
published 


Separate 
bids  to  be 
received. 


To  amend  section  three  of  An  act  to  regulate  contracts  on 
behalf  of  the  state  in  relation  to  erections  and  buildings/^ 
approved  March  23,  1876,  and  an  act  amendatory  thereof,, 
approved  March  31,  1897. 

[Approved  March  27,  1895;  Stats.  1895;  p.  237.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Section  three  of  ''An  act  to  regulate  contracts 
on  behalf  of  the  state,  in  relation  to  erections  and  buildings, ' ' 
approved  March  twenty-third,  eighteen  hundred  and  seventy- 
six,  is  hereby  amended  to  read  as  follows : 

Section  3.  That  after  such  plans,  descriptions,  bills  of 
materials,  and  specifications  and  estimates  as  are  in  this  act 
required  are  made  and  approved,  in  accordance  with  the 
requirements  of  this  act,  it  shall  be  and  is  hereby  made  the 
duty  of  such  commissioners,  directors,  trustees,  or  other  officer 
or  officers  to  whom  the  duty  of  devising  and  superintending 
the  erection,  addition  to,  or  alteration  or  improvement  of  such 
institution,  asylum,  or  other  improvement  as  in  this  act  pro- 
vided, to  give  or  cause  to  be  given  public  notice  of  the  time 
and  place  when  and  where  sealed  proposals  will  be  received  for 
performing  the  labor  and  furnishing  the  materials  necessary 
to  the  erection  of  such  institution,  asylum,  or  other  improve- 
ment, or  for  the  addition  to,  altering,  or  improvement  thereof, 
and  a  contract  or  contracts  based  on  such  sealed  proposals  will 
be  made,  which  notice  shall  be  published  weekly  for  four  con- 
secutive weeks  next  preceding  the  day  named  for  the  making 
of  such  contract  or  contracts,  in  the  paper  having  the  largest 
circulation  in  the  county  where  the  work  is  to  be  let,  and  in 
three  daily  papers  having  the  largest  circulation  and  pub- 
lished one  in  each  of  the  cities  of  Los  Angeles,  Sacramento^ 
and  San  Francisco,  and  shall  state  when  and  where  such  plan 
or  plans,  descriptions,  bills,  and  specifications  can  be  seen,  and 
which  shall  be  open  to  public  inspection  at  all  business  hours 
between  the  date  of  such  notice  and  the  making  of  such  con- 
tract or  contracts.  The  aforesaid  notice  must  state  that  sep- 
arate bids  will  be  received  and  separate  contracts  let  for  the 
performance  of  each  of  the  following  parts  of  said  erection^ 
addition,  alteration,  or  improvement,  including  the  furnish- 


LAWS  AND  STATUTES. 


61 


ing  of  materials  and  labor  necessary  therefor,  viz. :  first,  for 

Masonry 

the  masonry  work,  including  all  brick,  stone,  terra  cotta,  and 
concrete  work  and  all  necessary  excavations  and  filling ;  second^  Jf^" 
for  the  iron  work ;  third,  for  the  carpenter,  plastering,  electric,  woS' etc' 
and  glazing  work;  fourth,  for  the  plumbing  and  gasfitting  ^^^1^"^^^^"^' 
work ;  fifth,  for  the  heating  work ;  sixth,  for  the  tinning,  gal-  H^^ting. 
vanized  iron,  and  slating  work;  and,  seventh,  for  the  painting  VZ^n^!^ 
and  graining  work ;  and  there  shall  be  in  all  such  cases  as 
many  separate  contracts  let  therefor  as  there  are  different  ?rX?cts 
kinds  of  work,   according  to   the   foregoing  classification, 
whether  the  same  be  let  by  the  state  board  of  harbor  commis- 
sioners or  any  other  of  the  aforesaid  commissioners,  directors, 
trustees,  or  other  officer  or  officers. 

Sec.  2.    This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Bateman  vs.  Colgan,  111  Cal.  587. 


AN  ACT 

To  add  a  neiv  section  to  the  Political  Code,  to  he  known  as 
section  three  thousand  two  hundred  and  forty-seven,  hy  add- 
ing a  neiv  section  requiring  the  state  and  subdivisions  of  the 
state  to  give  preference  to  goods  manufactured  or  pro- 
duced in  the  state,  when  contracting  for  or  purchasing  goods 
or  other  property. 

[Approved- March  27,  1897;  Stats.  1897,  p.  208.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  folloivs: 

Sec.  3247. 

Any  person,  committee,  board,  officer,  or  any  other  person  Preference 
charged  with  the  purchase,  or  permitted  or  authorized  to  pur-  ^^oTs  of 

I  , .  ^         local  manu- 

enase  supplies,  goods,  wares,  merchandise,  manufactures,  or 
produce,  for  the  use  of  the  state,  or  any  of  its  institutions  or 
offices,  or  for  the  use  of  any  county;  or  consolidated  city  and 
county,  or  city,  or  town,  shall  always— price,  fitness  and  qual- 
ity equal— prefer  such  supplies,  goods,  wares,  merchandise, 
manufactures,  or  produce  as  has  been  grov^m,  manufactured  or 
produced  in  this  state,  and  shall  next  prefer  such  as  have  been 
partially  so  manufactured,  grown,  or  produced  in  this  state. 
All  state,  county,  city  and  county,  city  or  town  officers,  all  contents  of 
boards,  commissions,  or  other  persons  charged  with  advertising  m/nt''''" 
for  any  such  supplies,  shall  state  in  their  advertisement  that 


62 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


such  preferences  will  be  made.  In  any  such  advertisement  no 
bid  shall  be  asked  for  any  article  of  a  specific  brand  or  mark^ 
nor  any  patent  apparatus,  or  appliances,  when  such  require- 
ment would  prevent  proper  competition  on  the  part  of  dealers 
in  other  articles  of  equal  value,  utility,  or  merit. 


AN  ACT 


Contractor 
having 
state,  etc., 
building 
to  give 
bond  to 
secure 
payment 
for 

materials, 
etc. 


Material- 
men may 
file  state- 
ment. 


To  amend  an  act  entitled  An  act  to  secure  the  payment  of  the 
claims  of  materialmen,  mechanics,  or  laborers,  employed  by 
contractors  upon  state,  municipal,  or  other  public  work,^^ 
approved  March  27,  1897. 

[Approved  May  1,  1911;  Stats.  1911,  p.  1422.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Every  contractor,  person,  company,  or  corpo- 
ration, to  whom  is  awarded  a  contract  for  the  execution  or  per- 
formance of  any  building,  excavating,  or  other  mechanical 
work  for  this  state,  or  any  county,  city  and  county,  city, 
town,  or  district  therein,  shall,  before  entering  upon  the  per- 
formance of  such  work,  file  with  the  commissioners,  managers^ 
trustees,  officers,  board  of  supervisors,  board  of  trustees,  com- 
mon council,  or  other  body  by  whom  such  contract  was 
awarded,  a  good  and  sufficient  bond,  to  be  approved  by  such 
contracting  body,  officers  or  board,  in  a  sum  not  less  than  one 
half  of  the  total  amount  payable  by  the  terms  of  the  contract ; 
such  bond  shall  be  executed  by  the  contractor,  and  at  least  two 
sureties,  in  an  amount  not  less  than  the  sum  specified  in  the 
bond,  and  must  provide  that  if  the  contractor,  person,  com- 
pany, or  corporation,  fails  to  pay  for  any  materials  or  supplies 
furnished  for  the  performance  of  the  work  contracted  to  be 
done,  or  for  any  work  or  labor  done  thereon  of  any  kind,  that 
the  sureties  will  pay  the  same  in  an  amount  not  exceeding  the 
sum  specified  in  the  bond;  provided,  that  such  claim  shall  be 
filed  as  hereafter  required. 

Sec.  2.  Any  materialman,  person,  company,  or  corpora- 
tion, furnishing  materials  or  supplies  used  in  the  performance 
of  the  work  contracted  to  be  executed  or  performed,  or  any 
person  who  performed  work  or  labor  upon  the  same,  or  any 
person  who  supplies  both  work  and  materials,  and  whose  claim 
has  not  been  paid  by  the  contractor,  company,  or  corporation, 


LAWS  AND  STATUTES. 


63 


to  whom  the  contract  has  been  awarded,  shall,  within  ninety 
days  from  the  time  such  contract  is  completed,  file  with  the 
commissioners,  managers,  trustees,  officers,  board  of  super- 
visors, board  of  trustees,  common  council,  or  other  body  by 
whom  such  contract  was  awarded,  a  verified  statement  of  such 
claims,  together  with  a  statement  that  the  same  has  not  been 
paid.  At  any  time  within  six  months  after  the  filing  of  such 
claim,  the  person,  company  or  corporation  filing  the  same  may 
commence  an  action  against  the  sureties  on  the  bond,  specified 
and  required  by  section  one  hereof. 

Union  Metal  Works  vs.  Dodge,  129  Cal.  394. 


AN  ACT 

Fixing  the  minimum  rate  of  compensation  for  lahor  on  public 

work. 

[Approved  March  9,  1897;  Stats.  1897,  p.  90.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.    The  minimum  compensation  to  be  paid  for  Jate'S''"' 
labor  upon  all  work  performed  under  the  direction,  control,  or  tfoTfo''/^' 
by  the  authority  of  any  officer  of  this  state  acting  in  his  official  p^^iic  work, 
capacity,  or  under  the  direction,  control,  or  by  the  authority 
of  any  municipal  corporation  within  this  state,  or  of  any  officer 
thereof  acting  as  such,  is  hereby  fixed  at  two  (2)  dollars  per 
day ;  and  a  stipulation  to  that  effect  must  be  made  a  part  of  all 
contracts  to  which  the  state,  or  any  municipal  corporation 
therein,  is  a  party ;  provided,  however,  that  this  act  shall  not  Exception, 
apply  to  persons  employed  regularly  in  any  of  the  public  insti- 
tutions of  the  state,  or  any  city,  city  and  county,  or  county. 

Sec.  2.    This  act  shall  take  effect  immediately. 


64 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 

Limiting  the  hours  of  daily  services  of  laborers,  workmen,  and 
mechanics  employed  upon  the  public  works  of,  or  work  done 
for,  the  State  of  California,  or  any  political  subdivision 
thereof ;  providing  for  the  insertion  of  certain  stipulations  in 
contracts  for  public  works;  imposing  penalties  for  violations 
of  the  provisions  of  this  act,  and  providing  for  the  enforce- 
ment thereof. 

[Approved  March  20,  1899;  Stats.  1899,  p.  149.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Eight-hour       Section  1.    The  time  of  service  of  all  laborers,  workmen, 

day  on  . 

works':  mechanics  employed  upon  any  public  works  of,  or  work 

done  for,  the  State  of  California,  or  for  any  political  subdi- 
vision thereof,  whether  said  work  is  done  by  contract  or  other- 
wise, is  hereby  limited  and  restricted  to  eight  hours  in  any  one 
calendar  day;  and  it  shall  be  unlawful  for  any  officer  of  the 
state,  or  of  any  political  division  thereof,  or  any  person  acting 
for  or  on  behalf  thereof,  or  any  contractor  or  subcontractor, 
for  any  part  of  any  public  works  of,  or  work  done  for  such 
state  or  political  subdivision  thereof,  or  any  person,  corpora- 
tion, or  association  whose  duty  it  shall  be  to  employ  or  to  direct 
and  control  the  services  of  such  laborers,  workmen,  or 
mechanics,  or  who  has,  in  fact,  the  direction  or  control  of  the 
services  of  such  laborers,  workmen,  or  mechanics,  to  require  or 
permit  them,  or  any  of  them,  to  labor  more  than  eight  hours  in 

Exceptions,  ^uy  ouc  Calendar- day,  except  in  cases  of  extraordinary  emer- 
gency caused  by  fire,  flood  or  danger  to  life  and  property,  or 
except  to  work  upon  public,  military,  or  naval  works  or  defenses 
in  time  of  war. 

Contracts        Sec.  2.    Each  aud  every  contract  to  which  the  State  of  Cali- 

shall  con-        p        -  i  •  . 

stimulation  io^^i^?  or  an}^  political  subdivision  thereof,  is  a  party,  and 
every  contract  made  for  or  on  behalf  of  the  said  state  or  any 
political  subdivision  thereof,  which  contract  may  involve  the 
employment  of  laborers,  workmen,  or  mechanics,  shall  contain 
a  stipulation  that  no  laborer,  workman,  or  mechanic  in  the 
employ  of  the  contractor,  or  any  subcontractor,  doing  or  con- 
tracting to  do  any  part  of  the  work  contemplated  by  the 
contract,  shall  be  required  or  permitted  to  work  more  than 
eight  hours  in  any  one  calendar  day,  except  in  cases  of  extraor- 


LAWS  AND  STATUTES.  65 

diliary  emergency  caused  by  fire,  flood,  or  danger  to  life  or 

property,  or  except  to  work  upon  public,  military,  or  naval 

works  or  defenses  in  time  of  war,  and  each  and  every  such 

contract  shall  stipulate  a  penalty  for  each  violation  of  the  l'^^^^^^^' 

stipulation  directed  bv  this  act  of  ten  dollars  for  each  laborer,  tLTZve 

111-    ^^^''^^  ^^^^^^ 

workman,  or  mechanic,  for  each  and  every  calendar  day  m  hours  work, 
which  he  shall  labor  more  than  eight  hours ;  and  the  inspector 
or  other  officer  or  person  whose  duty  it  shall  be  to  see  that  the 
provisions  of  any  such  contract  are  complied  with,  shall  report 
to  the  proper  officer  of  such  state,  or  political  subdivision 
thereof,  all  violations  of  the  stipulation  in  this  act  provided  for 
in  each  and  every  such  contract,  and  the  amount  of  the  pen- 
alties stipulated  in  any  such  contract  shall  be  withheld  by  the 
officer  or  person  whose  duty  it  shall  be  to  pay  the  moneys  due 
under  such  contract,  whether  the  violations  for  which  said 
penalties  were  imposed  were  by  the  contractor,  his  agents  or 
employees,  or  any  subcontractor,  his  agents  or  employees.  No 
person  on  behalf  of  the  State  of  California,  or  any  political 
subdivision  thereof,  shall  rebate  or  remit  any  penalty  imposed 
under  any  stipulation  herein  provided  for,  unless  upon  a  find- 
ing which  he  shall  make  up  and  certify  that  such  penalty 
was  imposed  by  reason  of  an  error  of  fact.  Nothing  in  this 
act  shall  be  construed  to  authorize  the  collection  of  said  penalty 
from  the  state  or  any  political  subdivision  thereof. 

Sec.  3.  Any  officer  of  the  State  of  California,  or  any  polit- 
ical subdivision  thereof,  or  any  person  acting  for  or  on  behalf 
thereof,  who  shall  violate  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  be  subject  to  a  fine  or 
imprisonment,  or  both,  at  the  discretion  of  the  court,  the  fine 
not  to  exceed  five  hundred  dollars,  nor  the  imprisonment  one 
year. 

Sec.  4.  All  acts  and  parts  of  acts  inconsistent  with  this  act, 
in  so  far  as  they  are  inconsistent,  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


Misde- 
meanor, 


5—11204 


66 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 

To  amend  an  act  entitled  ''An  act  to  require  an  inventory  of 
state  and  county  property,  and  directing  that  a  record  of 
the  same  he  kept/'  approved  February  9,  1897. 

[Became  a  law  under  constitutional  provision  without  governor's 
approval,  March  5,  1901;  Stats.  1901,  p.  93.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Section  one  of  an  act  entitled  ''An  act  to 
require  an  inventory  of  state  and  county  property,  and  direct- 
ing that  a  record  of  the  same  be  kept,"  approved  February 
ninth,  one  thousand  eight  hundred  and  ninety-seven,  .be  and 
the  same  is  hereby  amended  so  as  to  read  as  follows : 
Inventory        Qec  1.    It  shall  bc  thc  duty  of  all  state  officers,  boards  and 

of  state  .  .         ,  1  I 

property.  commissious  of  cvcry  kind  having  m  charge  property  belong- 
ing to  the  state  to  make  an  inventory  thereof  within  ninety 
days  from  and  after  the  passage  of  this  act,  and  also  on  or 
before  the  thirty-first  day  of  December,  one  thousand  eight 
hundred  and  ninety-eight,  and  annually  thereafter,  of  all 
property  purchased  with  state  money  and  in  their  keeping. 
The  report  of  said  inventory  shall,  under  oath,  be  made  to  the 
state  board  of  examiners,  and  said  inventory  shall  be  recorded 
by  said  board  of  examiners  in  a  book  prepared  for  that  pur- 
pose. Any  state  officer  or  clerk  or  member  of  any  board  or 
commission  of  any  kind  having  in  charge  property  belonging 
to  the  state,  who  fails  to  make  the  inventory  herein  provided 
for  within  the  time  limited,  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor. 
Inventory  Sec.  2.  It  shall  bc  thc  duty  of  all  county  officers,  including 
propertJ'  supervisors,  superintendents  of  poor  farms,  hospitals,  orphan- 
ages or  almshouses  to  make,  on  or  before  the  first  day  of  July, 
one  thousand  eight  hundred  and  ninety-seven,  also  on  or  before 
the  thirty-first  day  of  December,  one  thousand  eight  hundred 
and  ninety-eight,  and  annually  thereafter,  an  inventory,  show- 
ing in  detail  all  county  property  in  their  possession  or  under 
their  charge.  In  case  of  county  officers  and  employees,  said 
inventory  shall  show  the  source  from  which  said  property  was 
derived,  and  if  possible  the  cost  of  each  item.  Each  officer 
referred  to  in  this  section  shall  under  oath  file  his  respective 
inventory  with  the  county  clerk  at  the  times  and  dates  men- 
tioned in  this  section,  and  all  said  inventories  shall  be  kept  of 


LAWS  AND  STATUTES. 


67 


record  by  the  county  clerk.  Any  person  whose  duty  it  is  under 
this  section  to  make  and  file  the  inventory  herein  provided  for, 
or  shall  fail  to  perform  said  duty  as  required  hereby  within 
the  time  limited  herein,  shall  upon  conviction  thereof  be 
adjudged  guilty  of  a  misdemeanor. 

Sec.  3.  The  outgoing  officers,  boards,  commissions  and  em-  f^Sml\ 
ployees  mentioned  in  sections  one  and  two  of  this  act  shall 
deliver  to  their  successor  in  office  an  inventory  of  all  state  or 
county  property  in  their  possession,  and  the  incoming  officer 
shall  receipt  for  the  same.  Any  person  omitting  to  comply 
with  the  provisions  of  this  section  shall  be  adjudged  guilty  of  a 
misdemeanor. 

Sec.  4.    This  act  shall  take  effect  immediately. 


AN  ACT 


Empowering  and  authorizing  the  hoard  of  state  harbor  com- 
missioners to  insure  against  loss  or  damage  by  fire,  the  prop- 
erty of  the  State  of  California  located  on  the  water  front  of 
San  Francisco,  California. 

[Approved  March  25,  1901;  Stats.  1901,  p.  809.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.    The  board  of  state  harbor  commissioners  are  insurance  of 
hereby  empowered  and  authorized  to  insure  against  loss  or  |.'|£cC|j'' 
damage  by  fire  the  wharves,  docks,  piers,  slips,  bulkheads,  and  ^^t"^^^^*- 
structures  contained  thereon,  and  improvements  located  inside 
and  outside  of  the  water  front  line,  the  property  of  the  State 
of  California,  and  under  the  control  and  supervision  of  the 
board  of  state  harbor  commissioners,  situate  on  the  water  front 
of  San  Francisco,  California. 

Sec.  2.  This  insurance  is  to  be  effected  and  distributed  at  Amount  of 
the  discretion  and  under  the  direction  of  the  board  of  state  and 
harbor  commissioners.  The  aggregate  amount  of  such  fire 
insurance  placed  not  to  exceed  the  sum  of  seven  hundred  thou- 
sand dollars,  and  the  cost  of  same  not  to  exceed  the  amoiixit  of 
fourteen  thousand  dollars  in  premiums  for  policies  to  be  written 
for  a  three  years'  term.    Said  cost  to  be  d,ef rayed  and  paid  out 


insurance 
and 

premium. 


68  BOARD  OF  STATE  HARBOR  COMMISSIONERS. 

of  the  San  Francisco  harbor  improvement  fund.  [Amendment 
approved  March  20, 1905;  Statutes  1905,  p.  295.] 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Sec.  4.    This  act  shall  take  effect  immediately. 

AN  ACT 

Limiting  the  hours  of  daily  service  of  laborers,  workmen,  and 
mechanics  employed  upon  the  public  works  of,  or  work  done 
for,  the  State  of  California,  or  any  political  subdivision 
thereof ;  providing  for  the  insertion  of  certain  stipulations 
in  contracts  for  public  works;  imposing  penalties  for  viola- 
tions of  the  provisions  of  this  act^  and  providing  for  enforce- 
ment thereof. 

[Approved  March  23,  1901 ;  Stats.  1901,  p.  561.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  time  of  service  of  all  laborers,  workmen, 
and  mechanics  employed  upon  any  public  works  of,  or  w^ork 
done  for,  the  State  of  California,  or  for  any  political  subdi- 
vision thereof,  whether  said  work  is  done  by  contract  or  other- 
wise, is  hereby  limited  and  restricted  to  eight  hours  in  any  one 
calendar  day;  and  it  shall  be  unlawful  for  any  officer  of  the 
state  or  of  any  political  subdivision  thereof,  or  for  any  person, 
corporation,  or  association  acting  in  behalf  thereof,  whose  duty 
it  shall  be  to  employ,  or  to  direct  and  control  the  services  of 
such  said  laborers,  workmen,  or  mechanics  upon  any  of  the 
above  said  public  works,  or  who  have,  in  fact,  the  employment, 
or  the  direction  and  control  of  the  services  of  such  said  labor- 
ers, workmen,  or  mechanics  upon  any  of  said  works,  to  require 
or  permit  them,  or  any  of  them,  to  labor  thereupon  more  than 
eight  hours  in  any  one  calendar  day,  except  in  cases  of  extraor- 
dinary emergency  caused  by  fire,  flood,  or  danger  to  life,  prop- 
erty, or  except  to  work  upon  public,  military  or  naval  works  or 
defenses  in  time  of  war. 

Sec.  2.  In  every  case  in  which  a  contract  is  made  for  and 
on  behalf  of  the  State  of  California,  or  for  or  on  behalf  of  any 
political  subdivision  thereof,  which  involves  the  employment 
of  laborers,  workmen,  or  mechanics  to  do  work  to  be  done  upon 
the  public  works  of,  or  work  to  be  done  for  the  said  state,  or 


Hours  of 
daily 
service  of 
laborers, 
et  al., 
upon  state 
work. 


<  Contracts 
of  state 
must 
contain 
stipulations 
of  hours 
of  labor. 


LAWS  AND  STATUTES. 


69 


for  the  said  political  subdivision  thereof,  under  the  terms  of 
said  contract,  the  officer,  board,  commission,  or  other  agent  or 
agency  of  the  said  state,  or  of  the  said  political  subdivision, 
acting  for  or  on  behalf  of  said  state,  or  of  said  political  subdi- 
vision, as  the  case  may  be,  in  making  and  awarding  the  said 
contract,  shall  cause  to  be  inserted  therein,  and  to  be  agreed  to 
by  every  person,  firm  or  corporation  to  whom  said  contract  or 
any  interest  therein  is  awarded,  as  a  condition  upon  which 
such  award  is  made  and  accepted,  a  stipulation,  namely :  That  stipulation, 
no  laborer,  workman,  or  mechanic  employed  at  any  time  by 
the  said  contractor  or  contractors,  or  by  any  subcontractor  or 
subcontractors  under  him  or  under  them,  upon  the  work,  or 
upon  any  part  of  the  work  contemplated  by  the  said  contract, 
shall  be  required  or  permitted  to  work  thereupon  more  than 
eight  hours  in  any  one  calendar  day,  except  in  cases  of  extraor- 
dinary emergency  caused  by  fire,  flood,  or  danger  to  life  or 
property,  or  except  to  work  upon  public,  military,  or  naval 
works  or  defenses  in  time  of  war;  that  the  said  contractor  or 
contractors  thereby  agrees  or  agree  to  forfeit,  out  of  any 
moneys  becoming  due  to  him  or  to  them  from  the  state,  or  from 
the  political  subdivision  thereof,  as  the  case  may  be,  under  the 
terms  of  the  said  contract,  the  sum  of  ten  dollars  for  each 
laborer,  workman,  or  mechanic,  for  each  and  every  calendar 
*  day  upon  which  he  shall  labor  more  than  eight  hours  in  viola- 
tion of  the  terms  of  the  said  stipulation,  and  that  the  state,  or 
the  political  subdivision  thereof,  as  the  case  may  be,  is  thereby 
authorized  and  directed  to,  through  its  proper  representatives, 
withhold  from  the  said  contractor,  or  from  the  said  contractors, 
as  the  property  of  the  state,  or  of  the  political  subdivision 
thereof,  as  the  case  may  be,  all  sums  forfeited  as  described 
under  the  terms  of  the  said  stipulation.  It  shall  be  the  duty 
of  the  officer,  board,  commission,  or  other  contractor,  as  the 
property  of  the  state,  or  of  the  political  subdivision  thereof,  as 
the  case  may  be,  acting  for  or  on  behalf  of  said  state,  or  of 
said  political  subdivision,  in  making  and  awarding  any  con- 
tract such  as  is  described  in  this  section,  to  take  cognizance  of 
all  violation  of  the  herein  provided  for  stipulation  in  said 
contract,  and  to  report  the  same  to  the  officer,  or  other  person, 
representing  the  said  state,  or  political  subdivision  thereof, 
whose  duty  it  shall  be  to  pay  the  moneys  due  under  said  con- 
tract, and  it  shall  be  the  duty  of  such  officer,  or  other  person, 
when  making  payment  of  moneys  thus  due,  to  withhold  and 
retain,  in  accordance  with  the  provisions  of  this  section,  all 


70 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Contract 
void  if  it 

does  not 
contain 
stipulation. 


Penalty 
for  viola- 
tion by 
state 
officer. 


sums  which  may  have  been  forfeited  under  the  provisions  of 
the  herein  provided  for  stipulation.  Nothing  in  this  act  shall 
be  construed  to  authorize  the  collection  of  a  forfeiture  as 
described  herein,  from  the  state,  or  from  any  political  subdi- 
vision thereof.  Any  contract  such  as  described  in  this  section, 
made  for  or  on  behalf  of  the  State  of  California,  or  for  or  on 
behalf  cf  any  political  subdivision  thereof,  which  does  not 
contain  the  stipulation  herein  described,  shall  be  null  and  void, 
and  no  recovery  shall  be  had  thereupon. 

Sec.  3.  Any  officer  of  the  State  of  California,  or  any  polit- 
ical subdivision  thereof,  or  any  person  acting  for  or  on  behalf 
thereof,  who  shall  violate^  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  be  subject  to  a  fine  or 
imprisonment,  or  both,  at  the  discretion  of  the  court,  the  fine 
not  to  exceed  five  hundred  dollars,  nor  the  imprisonment  one 
year. 

Sec.  4.  All  acts  and  parts  of  acts  inconsistent  with  this  act, 
in  so  far  as  they  are  inconsistent,  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

This  act,  partially,  at  least,  superseded  by  Statutes  1903,  p.  119,  which 
latter  act  is  now  embodied  in  section  653a,  Penal  Code. 


AN  ACT 


Unlawful 
to  sell  on 
wharves 
without 
permit. 


To  regulate  the  sales  of  perishable  products  on  the  wharves  and 
other  state  property  in  the  city  and  county  of  San  Francisco 
by  prohibiting  such  sales  except  by  or  in  behalf  of  those 
holding  permits  from  the  board  of  state  harbor  commis- 
sioners, and  making  such  unlawfid  sales  a  misdemeanor,  and 
prescribing  the  penalty  therefor,  and  providing  the  condi- 
tions upon  ivhich  such  permits  shall  be  issued. 

[Approved  March  2,  1903;  Stats.  1903,  p.  73.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  sell, 
upon  the  public  wharves  or  other  property  belonging  to  this 
state,  in  the  city  and  county  of  San  Francisco,  and  within  the 
jurisdiction  of  the  board  of  state  harbor  commissioners,  any 
fruit,  vegetables,  poultry,  eggs,  honey,  game,  or  other  produce 
commonly  known,  and  hereinafter  referred  to  as  perishable 


LAWS  AND  STATUTES. 


71 


products,  unless  such  person  or  the  person,  firm  or  corporation, 
which  he  may  duly  represent,  shall  hold  the  permit  hereinafter 
described  authorizing  such  sales  to  be  made.  Any  violation  of 
this  act  shall  be  deemed  a  misdemeanor  punishable  by  a  fine  of 
not  less  than  twenty-five  dollars  or  more  than  five  hundred 
dollars. 

Sec.  2.  Perishable  products  consigned  to  persons,  firms  or 
corporations  not  holding  the  permit  hereinafter  described,  and 

must 

„  .iciT^  •  remove 

delivered  by  carrier  upon  any  whari  on  the  ban  Jb  rancisco 
water  front,  must  be  removed  from  said  wharf  within  twenty-  ?;j^enty-four 
four  hours  after  their  arrival,  and  the  board  of  state  harbor 
commissioners  must  levy  and  collect  on  such  perishable  prod- 
ucts in  addition  to  the  regular  state  tolls,  such  additional 
wharfage  as  they  may  prescribe,  but  not  less  than  the  amount 
of  the  regular  tolls,  for  each  twenty-four  hours  or  fraction 
thereof  which  such  perishable  products  shall  remain  upon  the 
wharf. 

Sec.  3.    Upon  application  of  any  person,  firm  or  corpora-  ^^'gPg^lf^^^'''^ 
tion  receiving  or  expecting  to  receive  perishable  products  to  be 
delivered  by  carrier  upon  any  wharf  on  the  San  Francisco 
water  front,  the  board  of  state  harbor  commissioners  shall  issue  issue  permit 

free  of 

free  of  charge  to  such  applicant,  a  permit  authorizing  him  to 
sell  such  products  when  delivered  on  the  Avharves  or  state  prop- 
erty, during  the  time  such  perishables  are  permitted  to  remain 
there,  under  the  general  regulations  prescribed  by  the  commis-  gene?ai 
sion ;  provided,  nevertheless,  that  said  permit  shall  not  be  issued 
until  the  applicant  shall  have  signed  the  application,  which 
shall  read  as  follows : 

^'I  (or  we),  expecting  to  receive  consignments  f°p{?2ion 

of  perishable  products  to  be  delivered  by  carrier  on  the 
wharves  or  other  property  of  the  State  of  California  in  the 
city  and  county  of  San  Francisco,  and  desiring  to  dispose  of  the 
same  before  removal,  hereby  make  application  for  a  permit  to 
be  valid  for  one  year  from  the  date  of  issue,  to  sell  perishable 
products  on  said  wharves  or  other  state  property.  In  consid- 
eration of  the  receipt  of  such  permit,  I  (or  we)  promise  to 
faithfully  observe  all  the  regulations  Avhich  are  or  may  be  pre- 
scribed by  the  board  of  the  state  harbor  commissioners  in 
regard  to  such  sales,  and  in  particular  I  (or  we)  agree  that  I 
(or  we)  will  not,  during  the  life  of  such  permit,  be  a  party  to 
any  conspiracy,  agreement  or  understanding  whereby  I  (or 
we)  shall  refuse  to  sell  any  solvent  purchaser  or  buy  from  any 
person  whatever,  and  I  (or  we)  agree  that  I  (or  we)  will  sell, 


72 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Form  of 
permit. 


Valid  for 
5'ear. 


Violations 
of  agree- 
ment. 


Notice  of 
hearing. 


Cancel 
permit. 


impartially,  and  at  the  same  prices,  to  all  who  desire  to  pur- 
chase for  cash,  without  regard  to  their  business  or  intended  dis- 
position of  the  products,  and  will  exercise  no  discrimination 
whatever  between  buyers  or  sellers,  by  reason  of  their  occupa- 
tion, affiliations  or  non-affiliations.  I  (or  we)  also  agree  that 
in  case  of  violation  of  this  agreement,  the  board  of  state  harbor 
commissioners  may  revoke  the  permit  hereby  applied  for, 
whereupon  I  (or  we)  agree  to  surrender- the  same,  and  I  (or 
we)  agree  that  the  board  of  state  harbor  commissioners  shall 
be  the  sole  judges  of  the  fact  of  such  violation,  I  (or  we) 
having  had  a  hearing  in  the  matter. 


Date 


Sec.  4.  The  permit  herein  provided  for  shall  be  in  such 
form  as  the  board  of  state  harbor  commissioners  may  determine 
and  shall  be  valid  for  one  year  from  date  of  issue  and  no 
longer. 

Sec.  5.  In  case  of  violation  of  his  agreement  by  the  holder 
of  any  permit  the  board  of  state  harbor  commissioners  upon  a 
hearing  after  giving  due  notice  to  all  parties  concerned,  and 
finding  the  fact  of  such  violation  shall  revoke  and  cancel  the 
permit,  and  shall  not  issue  a  new  permit  to  the  offending  party, 
except  upon  a  new  execution  of  the  agreement  hereinbefore 
set  forth  and  the  payment  of  a  fee  of  fifty  dollars,  and  the 
right  to  receive  a  new  permit  shall  rest  in  the  discretion  of  said 
board  of  state  harbor  commissioners. 

Sec.  6.  The  board  of  state  harbor  commissioners  and  all 
its  officials  and  employees  are  charged  with  the  enforcement 
of  this  act,  and  shall  eject  from  the  wharves  or  other  state 
property,  all  persons  found  attempting  to  make  sales  in  viola- 
tion of  this  act.  And  the  board  of  state  harbor  commissioners 
through  such  officials  as  it  may  from  time  to  time  designate, 
shall  prosecute  all  violations  of  this  act  in  the  proper  court. 

Sec.  7.  All  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 

Sec.  8.    This  act  shall  take  effect  immediately. 


LAWS  AND  STATUTES. 


73 


market. 


AN  ACT 

To  amend  an  act  entitled  An  act  to  authorize  the  state  board 
of  harbor  commissioners  to  establish  and  maintain  a  free 
public  market  upon  the  water  front  of  San  Francisco,  and 
providing  for  the  expenses  and  regulations  thereof/' 
approved  March  29,  1897. 

[Approved  March  2,  1903;  Stats.  1903,  p.  76.] 

The  people  of  the  State  of  California,  represented  in  senate 
and.  assembly,  do  enact  as  follows: 

Section  1.  The  board  of  state  harbor  commissioners  shall.  Free 
within  one  year  from  the  passage  of  this  act,  set  apart  upon 
some  convenient  portion  of  the  water  front  of  San  Francisco  a 
sufficient  number  of  blocks  and  parts  of  blocks  belonging  to 
the  state  contiguous  to  the  docks  and  piers  for  a  free  market 
for  the  greater  portion  of  all  the  perishable  products  of  the 
State  of  California  arriving  in  San  Francisco  by  land,  boat,  or 
other  conveyance,  including  fruit,  vegetables,  eggs,  poultry, 
grain,  dairy  products,  and  fish,  and  shall  permit  the  sale  of  saie  of 

^  products 

such  products  upon  said  blocks  and  portions  of  blocks  of  land  of'pro-"''''* 
by  or  for  the  account  of  the  producers  thereof  only,  under 
such  regulations  as  may  be  prescribed  by  the  said  board  of  har- 
bor commissioners,  and  as  the  public  convenience  may  require. 

Sec.  2.  The  land  so  set  apart  for  the  free  public  market  byToa^rd?''' 
shall  be  as  convenient  as  possible  to  that  portion  of  the  city  and 
county  of  San  Francisco  in  which  the  principal  wholesale  trade 
in  perishable  products  is  now  carried  on,  and  must  be  adjacent  J;3nv\nient 
and  contiguous  to  such  piers  and  docks  as  are  accessible  to  all  cent  to 
water  craft  ordinarily  employed  in  carrying  such  products 
upon  the  waters  of  San  Francisco  bay  and  the  navigable  waters 
contributing  thereto,  and  vessels  so  loaded  shall  have  the  pref- 
erence at  all  times  at  docking  at  such  wharves  and  piers  con- 
tiguous to  said  lands  over  other  vessels  not  so  loaded. 

Sec.  3.    Docking  room  at  said  piers  shall  be  assisrned  with-  Assignment 

^  ®  of  docking 

out  partiality  to  all  vessels  engaged  in  the  transportation  of 
said  products,  and  the  space  assigned  shall  be  sufficient  to  per- 
mit such  vessels  regularly  running  upon  a  route  to  receive  and 
discharge  their  entire  cargoes  of  such  products  at  the  piers 
aforesaid,  if  they  so  desire,  subject  to  the  control  and  direction 

Connect 

01  the  board  of  state  harbor  commissioners.    And  the  said  ma'rket"'^ 
board  of  state  harbor  commissioners  shall  construct  car  tracks  l^uway" 


and  adja- 
cent to 
wharves. 


74 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Enclose 
market. 
Construct 
tramways. 


to  connect  the  said  docks  and  piers  with  the  land  so  set  apart 
for  the  free  public  market  and  with  the  belt  railroad.  For 
the  use  of  these  tracks  the  state  harbor  commissioners  shall 
prescribe  such  regulations  as  public  convenience  may  require, 
and  fix  the  compensation  to  be  paid  by  the  companies  making 
use  of  them  for  this  purpose. 

Sec.  4.  The  harbor  commissioners  shall  suitably  inclose 
said  free  market  and  construct  suitable  tramways  and  tracks 
or  other  devices  for  the  rapid  conveyance  of  perishable  prod- 
ucts from  car  or  boat  or  other  conveyance  to  the  stalls  in  the 
free  market,  and  operate  the  same, 
of  Ipa^c?  Sec.  5.  The  harbor  commissioners  shall  assign  space  within 
the  free  market  to  all  producers  of  perishable  products,  under 
such  regulations  as  the  harbor  commissioners  may  prescribe. 
No  rental  shall  be  charged  for  space  in  the  free  market.  Any 
violation  of  this  act,  or  of  the  regulations  made  pursuant 
thereof,  shall  exclude  the  person  or  firm  guilty  of  such  viola- 
tion from  the  privilege  of  selling  in  the  free  market,  during 

Penalty  for  ^  .  . 

violations,  plcasurc  of  thc  harbor  commissioners,  not  exceeding  one 

year,  in  addition  to  any  other  penalty  which  may  be  incurred 
thereby. 

Expenses  of      Sec.  6.    For  the  payment  of  the  expenses  of  said  free 

market  pro-  x  v 

vided  for.  niarket  the  said  board  of  state  harbor  commissioners  may,  m 
their  judgment,  so  adjust  tolls  upon  the  said  perishable  prod- 
ucts as  shall  be  delivered  into  said  free  market  as  to  provide 
the  necessary  revenue ;  provided,  hoivever,  that  no  one  shall  be 
compelled  to  enter  into  said  free  public  market,  and  no  tolls 
for  the  purpose  of  paying  the  expenses  of  said  free  market 
shall  be  levied,  assessed,  or  inflicted  upon  any  products  not 
entering  into  said  free  public  market;  and  provided,  further, 
that  the  total  of  such  tolls  so  levied  shall  not  exceed  the  total 
expense  of  maintaining  such  free  market. 
Officers  of  Sec.  7.  Thc  officcrs  of  said  free  market  shall  be  a  superin- 
free  market.  ^^^^^^^  assistaut  Superintendent,  who  shall  also  be  secre- 
tary, and  such  other  employees  as  the  state  board  of  harbor 
commissioners  may  appoint.  The  salary  of  all  employees  of 
said  free  market  shall  be  fixed  by  the  state  board  of  harbor 
commissioners,  and  be  paid  out  of  the  general  fund  of  said 
harbor  commissioners  the  same  as  other  employees. 
Officers  must  Sec.  8.  All  officers  and  employees  of  any  public  market  on 
give  bonds,  state  property  are  officers  and  employees  of  the  state,  and  shall 
qualify  in  the  same  manner  as  other  employees,  and  give  such 
bonds  as  the  harbor  commissioners  may  prescribe. 


LAWS  AND  STATUTES. 


75 


Sec.  9.    There  is  hereby  appropriated  out  of  the  San  Fran-  J^^f^^^^J^ 
ciseo  harbor  improvement  fund  the  necessary  moneys  to  enable  '"^^ 
the  harbor  commissioners  to  carry  this  act  into  effect,  and  this 
appropriation  shall  have  precedence  of  all  other  claims  in  such 
fund  for  improvements. 


AN  ACT 

Limiting  the  hours  of  service  of  laborers,  ivorkmen,  and 
mechanics  employed  upon  the  public  works  of,  or  work  done 
for,  the  State  of  California,  or  of,  or  for  any  political  snbdi- 
vision  thereof,  imposing  penalties  for  violation  of  the  pro- 
visions of  said  act,  and  providing  for  the  enforcement 
thereof. 

[Approved  March  10,  1903;  Stats.  1903,  p.  119.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  time  of  service  of  any  laborer,  workman,  Sbofon 
or  mechanic  employed  upon  any  of  the  public  works  of  the  dirks'! 
State  of  California,  or  of  any  political  subdivision  thereof,  or 
upon  work  done  for  said  state,  or  any  political  subdivision 
thereof,  is  hereby  limited  and  restricted  to  eight  hours  during 
any  one  calendar  day ;  and  it  shall  be  unlawful  for  any  officer 
or  agent  of  said  state,  or  of  any  political  subdivision  thereof, 
or  for  any  contractor  or  subcontractor  doing  work  under  con- 
tract upon  any  public  works  aforesaid,  who  employs,  or  who 
directs  or  controls,  the  work  of  any  laborer,  workman,  or 
mechanic,  employed  as  herein  aforesaid,  to  require  or  permit 
such  laborer,  workman  or  mechanic,  to  labor  more  than  eight 
hours  during  any  one  calendar  day,  except  in  cases  of  extraor- 
dinary emergency,  caused  by  fire,  flood;  or  danger  to  life  or 
property,  or  except  to  work  upon  public,  military  or  naval 
defenses  or  works  in  time  of  war. 

Sec.  2.    Any  officer  or  agent  of  the  State  of  California,  or  ^i^^TSro' 
of  any  political  subdivision  thereof,  making  or  awarding,  as  limi/of 
such  officer  or  agent,  aiay  contract,  the  execution  of  which  service, 
involves  or  may  involve  the  employment  of  any  laborer,  work- 
man or  mechanic  upon  any  of  the  public  works,  or  upon  any 
work,  hereinbefore  mentioned,  shall  cause  to  be  inserted  therein 
a  stipulation  which  shall  provide  that  the  contractor  to  whom 
said  contract  is  awarded  shall  forfeit,  as  a  penalty,  to  the  state 
or  political  subdivision  in  whose  behalf  the  contract  is  made 


76 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Violation 
a  misde- 
meanor. 


and  awarded,  ten  (10)  dollars  for  each  laborer,  workman,  or 
mechanic  employed,  in  the  execution  of  said  contract,  by  him 
or  by  any  subcontractor  under  him,  upon  any  of  the  public 
works,  or  upon  any  work,  hereinbefore  mentioned,  for  each 
calendar  day  during  which  such  laborer,  workman,  or  mechanic 
is  required  or  permitted  to  labor  more  than  eight  hours  in 
violation  of  the  provisions  of  this  act ;  and  it  shall  be  the  duty 
of  such  officer  or  agent  to  take  cognizance  of  all  violations  of 
the  provisions  of  said  act  committed  in  the  course  of  the  execu- 
tion of  said  contract,  and  to  report  the  same  to  the  representa- 
tive of  the  state  or  political  subdivision,  party  to  the  contract, 
authorized  to  pay  to  said  contractor  moneys  becoming  due  to 
him  under  the  said  contract,  and  said  representative,  when 
making  payments  of  moneys  thus  due,  shall  withhold  and 
retain  therefrom  all  sums  and  amounts  which  shall  have  been 
forfeited  pursuant  to  the  herein  said  stipulation. 

Sec.  3.  Any  officer,  agent,  or  representative  of  the  State  of 
California,  or  of  any  political  subdivision  thereof,  who  shall 
violate  any  of  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  misdemeanor,  and  shall  upon  conviction  be  punished  by  fine 
not  exceeding  five  hundred  (500)  dollars,  or  by  imprisonment, 
not  exceeding  six  (6)  months,  or  by  both  such  fine  and  impris- 
onment, in  the  discretion  of  the  court. 

Sec.  4.  All  acts  or  parts  of  acts  inconsistent  with  the  pro- 
visions  of  this  act  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  the  date  of  its  passage. 


AN  ACT 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  construction  hy  the  hoard  of  state  harbor  com- 
missioners of  a  seawall  and  appurtenances  in  the  city  and 
county  of  San  Francisco;  to  create  a  sinking  fund  for  the 
payment  of  said  bonds;  and  providing  for  the  submission  of 
this  act  to  a  vote  of  the  people. 

[Approved  March  20,  1903;  Stats.  1903,  p.  247.] 

The  people  of  the  State  of  Calif orniaj  represented  in  senate 
and  assembly,  do  enact  as  follows: 


state  treas- 
urer to 
prepare 
bonds  for 
seawall  im- 
provement. 


Section  1.  For  the  purpose  of  providing  a  fund  for  the 
payment  of  the  indebtedness  hereby  authorized  to  be  incurred 
by  the  board  of  state  harbor  commissioners  for  the  erection  of 


LAWS  AND  STATUTES. 


77. 


a  seawall  and  appurtenances  in  the  city  and  county  of  San 
Francisco,  at  a  cost  not  to  exceed  two  million  dollars  (which 
said  seawall  and  appurtenances  the  board  of  state  harbor  com- 
missioners are  hereby  empowered  to  construct  in  the  manner, 
authorized  by  law,  and  at  a  cost  not  to  exceed  said  two  million 
dollars),  the  state  treasurer  shall,  immediately  after  the  issu- 
ance of  the  proclamation  of  the  governor,  provided  for  in 
section  ten  hereof,  prepare  two  thousand  suitable  bonds  of  the 
State  of  California,  in  the  denomination  of  one  thousand  dol- 
lars each.    The  whole  issue  of  said  bonds  shall  not  exceed  the  interest 
sum  of  two  million  dollars,  and  said  bonds  shall  bear  interest 
at  the  rate  of  four  per  centum  per  annum,  from  the  time  of 
the  sale  thereof,  and  both  principal  and  interest  shall  be  pay- 
able in  gold  coin  of  the  present  standard  value,  and  they  shall 
be  payable  at  the  office  of  the  state  treasurer,  at  the  expira- 
tion of  nineteen  years  from  their  date,  subject,  however,  to 
redemption  by  lot  as  in  this  act  hereinafter  provided.  Said 
bonds  shall  bear  date,  the  second  day  of  January,  A.  D.  nine-  when 
teen  hundred  and  five,  and  shall  be  made  payable  on  the  second 
day  of  January,  nineteen  hundred  and  twenty-four  A.  D.  The 
interest  accruing  on  such  of  said  bonds  as  are  sold,  shall  be  due 
and  payable  at  the  office  of  the  said  state  treasurer  on  the 
second  day  of  January,  and  on  the  second  day  of  July,  of  each 
year  after  the  sale  of  the  same ;  provided,  that  the  first  pay- 
ment of  interest  ehall  be  made  on  the  second  day  of  January, 
A.  D.  nineteen  hundred  and  six,  on  so  many  of  said  bonds  as 
may  have  been  theretofore  sold.   At  the  expiration  of  nineteen  when  in 
years  from  the  date  of  said  bonds,  all  bonds  sold  shall  cease  to  cel?e/'' 
bear  interest  and  likew^ise  all  bonds  redeemed  by  lot  shall  cease 
to  bear  interest  as  in  this  act  provided,  and  the  said  state  treas- 
urer shall  call  in,  forthwith  pay  and  cancel  the  same,  out  of 
the  moneys  in  the  San  Francisco  seawall  sinking  fund  pro- 
vided for  in  this  act,  and  he  shall  on  the  first  Monday  of  Janu- 
ary, nineteen  hundred  and  twenty-four,  also  cancel  and  destroy 
all  bonds  not  theretofore  sold.    All  bonds  issued  shall  be 
signed  by  the  governor,  and  countersigned  by  the  controller, 
and  shall  be  endorsed  by  the  state  treasurer,  and  each  shall 
have  the  seal  of  the  state  stamped  thereon.    Each  bond  shall  ^^^^^^^ 
contain  a  clause  that  it  is  subject  to  redemption  by  lot  after 
the  year  1914. 

Sec.  2.  Interest  coupons  shall  be  attached  to  each  of  said 
bonds,  so  that  such  coupons  may  be  removed  without  injury  to 
or  mutilation  of  the  bond.   Said  coupons  shall  be  consecutively 


ion. 


78 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


numbered,  and  shall  be  signed  by  the  state  treasurer.    But  no 
interest  on  any  of  said  bonds  shall  be  paid  for  any  time  which 
may  intervene  between  the  date  of  any  of  said  bonds  and  the 
issue  and  sale  thereof  to  a  purchaser. 
Appropria-       Sec.  3.    Thc  sum  of  ouc  thousaud  dollars  is  hereby  appro- 
£p}n°eof    priated  to  pay  the  expense  that  may  be  incurred  by  the  state 
treasurer  in  having  said  bonds  prepared.    Said  amount  shall 
be  paid  out  of  the  San  Francisco  harbor  improvement  fund  on 
controller's  warrants  duly  drawn  for  that  purpose. 
Shall  be         Sec.  4.    When  the  bonds  authorized  to  be  issued  under  this 

sold  at  pub- 

lie  auction.  ^^^^^  ^^jy  cxecuted,  they  shall  be  by  the  state  treasurer 
sold  at  public  auction  to  the  highest  bidder  for  cash,  in  such 
parcels  and  numbers  as  said  treasurer  shall  be  directed  by  the 
governor  of  the  state,  under  the  seal  thereof,  after  a  resolution 
requesting  such  sale  shall  have  been  adopted  by  the  board  of 
state  harbor  commissioners ;  but  said  treasurer  must  reject  any 
and  all  bids  for  said  bonds ;  or  for  any  of  them,  which  shall  be 
below  the  par  value  of  said  bonds  so  offered ;  and  he  may,  by 
public  announcement  at  the  place  and  time  fixed  for  the  sale, 
continue  such  sale,  as  to  the  whole  of  the  bonds  offered,  or  any 
part  thereof  offered,  to  such  time  and  place  as  he  may  select. 
Publication  Due  uoticc  of  the  time  and  place  of  sale  of  all  bonds  must  be 
of  saief^  given  by  said  treasurer  by  publication  in  two  newspapers  pub- 
lished in  the  city  and  county  of  San  Francisco,  and  also  by 
publication  in  one  newspaper  published  in  the  city  of  Oak- 
land, and  by  publication  in  one  newspaper  published  in  the 
city  of  Los  Angeles,  and  by  publication  in  one  newspaper  pub- 
lished in  the  city  of  Sacramento,  once  a  week  during  four 
weeks  prior  to  such  sale.  The  costs  of  such  publication  shall 
be  paid  out  of  the  San  Francisco  harbor  improvement  fund, 
on  controller's  warrants  duly  drawn  for  that  purpose.  The 
proceeds  of  the  sale  of  such  bonds  shall  be  forthwith  paid  over 
by  said  treasurer  into  the  treasury,  and  must  be  by  him  kept 
in  a  separate  fund,  to  be  known  and  designated  as  the  ''San 
2co IT'  Francisco  Seawall  Fund,''  and  must  be  used  exclusively  for 
^reateJ'''^''  thc  coustructiou  of  scawalls  and  appurtenances  thereto  on  the 
water  front  of  the  city  and  county  of  San  Francisco.  Drafts 
and  warrants  upon  said  fund  shall  be  drawn  upon  and  shall  be 
paid  out  of  said  fund  in  the  same  manner  as  drafts  and  war- 
rants are  drawn  upon  and  paid  out  of  the  San  Francisco  harbor 
improvement  fund. 
Sinking  Sec.  5.    For  the  payment  of  the  principal  and  interest  of 

cheated.      g^id  bouds  a  sinking  fund,  to  be  known  and  designated  as  the 
"San  Francisco  Seawall  Sinking  Fund,"  shall  be  and  the  same 


LAWS  AND  STATUTES. 


79 


Means  pro- 
vided for 
payment 
of  interest. 


is  hereby  created,  as  follows :  The  state  treasurer  shall,  on  the 
first  day  of  each  and  every  month  after  the  sale  of  said  bonds, 
take  from  the  San  Francisco  harbor  improvement  fund  such 
sum  as,  multiplied  by  the  time  the  bonds  then  sold  and  out- 
standing have  to  run,  will  equal  the  principal  of  the  bonds  sold 
and  outstanding  at  the  time  said  treasurer  shall  so  take  said 
sum  from  said  San  Francisco  harbor  improvement  fund,  less 
the  amount  theretofore  taken  therefrom  for  said  purpose ;  and 
he  shall  place  the  sum  in  the  San  Francisco  seawall  sinking 
fund  created  by  this  act.  Said  state  treasurer  shall,  on  con-  purchase 
troUer's  warrants  duly  drawn  for  that  purpose,  employ  the  bonds'!''' 
moneys  in  said  sinking  fund  in  the  purchase  of  bonds  of  the 
United  States,  or  of  the  State'  of  California,  or  of  the  several 
counties  or  municipalities  of  the  State  of  California,  which 
said  bonds  shall  be  kept  in  a  proper  receptacle,  appropriately 
labeled ;  but  he  must  keep  always  on  hand  a  sufficient  amount 
of  money  in  said  sinking  fund  with  which  to  pay  the  interest 
on  such  of  the  state  bonds  herein  provided  to  be  issued  as  may 
have  theretofore  been  sold.  And  to  provide  means  for  the  pay- 
ment of  interest  on  the  bonds  that  may  be  sold  and  outstand- 
ing, said  treasurer  shall  monthly  take  from  the  San  Francisco 
harbor  improvement  fund,  and  pay  into  said  seawall  sinking 
fund,  an  amount  equal  to  the  monthly  interest  then  due  on  all 
bonds  then  sold,  delivered  and  outstanding.  The  board  of 
state  harbor  commissioners  are  hereby  authorized  and  directed 
by  the  collection  of  dockage,  tolls,  rents,  wharfage  and  cranage, 
to  collect  a  sum  of  money  sufficient  for  the  purpose  of  this  act' 
over  and  above  the  amount  limited  by  section  two  thousand' 
five  hundred  and  twenty-six  of  the  Political  Code  of  the  State 
of  California.    Between  the  first  and  the  tenth  day  of  Novem-  Arbitrary 

"U         •      J 1  .  ./  ^  V  v^J-JJ-    drawing  of 

ber,  in  the  year  nineteen  hundred  and  fourteen,  and  between  SSu^Son 
the  first  and  the  tenth  day  of  November  of  each  year  there- 
after until  the  maturity  of  said  bonds,  the  said  treasurer  shall, 
m  the  presence  of  the  governor,  proceed  to  draw  by  lot  such 
an  amount  of  bonds  as  shall  be  requisite  to  exhaust  as  nearly 
as  may  be  the  amount  in  said  sinking  fund  at  that  time,  and 
shall  thereupon  and  before  the  tenth  day  of  December  follow- 
ing, give  notice  by  public  advertisement  to  be  inserted  twice  a 
week  for  two  weeks  in  two  newspapers  published  in  the  city 
and  county  of  San  Francisco,  and  also  in  one  newspaper  pub- 
lished in  the  city  of  Oakland,  and  also  in  one  newspaper  pub- 
lished in  the  city  of  Los  Angeles,  and  also  in  one"  newspaper 
published  in  the  city  of  Sacramento,  stating  the  number  of 


80 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


bonds  so  drawn  and  that  the  principal  of  said  bonds  will  be 
paid  on  presentation  to  the  treasurer  on  or  before  the  second 
day  of  January  following,  and  that  from  and  after  such  last- 
named  date  all  interest  upon  bonds  thus  drawn  shall  cease,  and 
it  shall  be  the  duty  of  the  treasurer  as  soon  as  said  bonds  so 
drawn  by  lot  are  surrendered  to  him  and  paid,  to  cancel  the 
same  and  the  interest  coupons  thereon,  and  each  year  begin- 
ning: with  the  year  nineteen  hundred  and  fourteen  the  said 
treasurer  shall,  in  the  manner  aforesaid,  proceed  to  draw  by 
lot  such  an  amount  of  bonds  as  shall  be  requisite  to  exhaust  as 
nearly  as  may  be  the  amount  in  said  sinking  fund,  and  proceed 
in  the  manner  hereinabove  stated.  After  the  payment  of  all 
of  said  bonds,  the  surplus  or  balance  remaining  in  said  sinking 
fund,  if  any  there  be,  shall  forthwith  be  paid  into  the  San 
Francisco  harbor  improvement  fund.  At  the  time  of  the 
respective  drawings  by  lot  as  aforesaid,  and  also  at  the  ma- 
turity of  said  state  bonds,  said  treasurer  shall  sell  the  United 
States  or  other  bonds  then  in  said  sinking  fund,  at  governing 
market  rates,  after  advertising  the  sale  thereof  in  the  manner 
hereinbefore  provided  for  the  sale  of  bonds  hereby  authorized 
to  be  issued,  and  shall  use  the  proceeds  for  the  payment  of 
such  bonds  as  may  be  drawn  by  lot,  and  at  the  maturity  of  said 
bonds  outstanding  shall  pay  and  redeem  said  matured  out- 
standing bonds  out  of  said  moneys  in  said  fund  in  extinguish- 
ment of  said  bonds  on  controller's  warrants  duly  drawn  for 
that  purpose. 

Controller 

Sec.  6.    The  state  controller  and  the  state  treasurer  shall 
make  annual  kccp  fuU  aud  particular  account  and  record  of  all  their  pro- 
govemo^?.     ceedings  under  this  act,  and  they  shall  transmit  to  the  governor 
an  abstract  of  all  such  proceedings  thereunder,  with  an  annual 
report,  to  be  by  the  governor  laid  before  the  legislature 
biennially ;  and  all  books  and  papers  pertaining  to  the  matter 
provided  for  in  this  act  shall  at  all  times  be  open  to  the  inspec- 
tion of  any  party  interested,  or  the  governor,  or  the  attorney 
general,  or  a  committee  of  either  branch  of  the  legislature,  or 
a  joint  committee  of  both,  or  any  citizen  of  the  state. 
Interest       '  Sec.  7.    It  shall  bc  thc  duty  of  the  state  treasurer  to  pay 
payments.  intcrcst  of  Said  bouds,  when  the  same  falls  due,  out  of  the 

sinking  fund  provided  for  in  this  act,  on  controller's  warrants 
duly  drawn  for  that  purpose. 
When  Qec.  8.    This  act,  if  adopted  by  the  people,  shall  take  effect 

on  the  thirty-first  day  of  December,  A.  D.  nineteen  hundred 
and  four,  as  to  all  its  provisions  except  those  relating  to  and 
necessary  for  its  submission  to  the  people,  and  for  returning, 


LAWS  AND  STATUTES.  81 

canvassing,  and  proclaiming  the  votes,  and  as  to  said  excepted 
provisions  this  act  shall  take  effect  immediately. 

Sec.  9.    This  act  shall  be  submitted  to  the  people  of  the  sh^in 

••■       ■»■  submitted 

State  of  California  for  their  ratification  at  the  next  general  lor^^tm-^^^ 
election,  to  be  holden  in  the  month  of  November,  A.  D.  nineteen 
hundred  and  four;  and  all  ballots  at  said  election  shall  have 
printed  thereon,  and  at  the  end  thereof,  the  words  ''For  the 
San  Francisco  Seawall  Act, ' '  and  in  a  separate  line  under  the 
same  the  words,  ''Against  the  San  Francisco  Seawall  Act," 
and  opposite  said  lines  there  shall  be  left  spaces  in  which  the 
voters  may  make  or  stamp  a  cross  to  indicate  whether  they  vote 
for  or  against  the  said  act,  and  those  voting  for  said  act  shall 
do  so  by  placing  a  cross  opposite  the  words,  "For  San  Fran- 
cisco Seawall  Act,"  and  all  those  voting  against  the  said  act 
shall  do  so  by  placing  a  cross  opposite  the  words,  "Against  the 
San  Francisco  Seawall  Act. ' '  The  governor  of  this  state  shall 
include  the  submission  of  this  act  to  the  people,  as  aforesaid, 
in  his  proclamation  calling  for  said  general  election. 

Sec.  10.  The  votes  cast  for  or  against  this  act  shall  be  Canvass  of 
counted,  returned  and  canvassed  and  declared  in  the  same 
manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  elec- 
tion as  aforesaid,  then  the  same  shall  have  effect  as  herein- 
before provided,  and  shall  be  irrepealable  until  the  principal 
and  interest  of  the  liabilities  herein  created  shall  be  paid  and 
discharged,  and  the  governor  shall  make  proclamation  thereof ; 
but  if  a  majority  of  the  votes  cast  as  aforesaid  are  against  this 
act,  then  the  same  shall  be  and  become  void. 

Sec.  11.    This  act  may  be  known  and  cited  as  the  "San  Name  of 
Francisco  Seawall  Act. " 

Sec.  12.    All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 
Spear  vs.  Reeves,  148  Cal.  501. 


6—11204 


82 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 

To  provide  for  the  payment  hy  the  state  or  counties,  or  cities y 
or  cities  and  counties^  of  the  premium  or  charge  on  official 
bonds  when  given  hy  surety  companies. 

[Approved  March  25,  1903.    Stats.  1903,  page  476.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly y  do  enact  as  follows: 

Premiums  SECTION  1.  The  premium  or  charge  for  bonds  given  by 
bond|^^^^  surety  companies  for  state  officials,  county  officials,  city  offi- 
charge.  (tm\^^  ov  city  aud  county  officials,  shall  be  paid  by  the  state, 
county,  city,  or  city  and  county  respectively;  provided,  how- 
ever, that  no  premium  or  charge  shall  exceed  one  half  of  one 
per  cent  per  annum  on  the  amount  of  such  bond;  and  pro- 
vided further,  that  this  act  shall  not  apply  to  notaries  public. 

Sec.  2.    This  act  shall  take  effect  from  and  after  its  pas- 
sage. 


AN  ACT 

To  add  a  neiv  title  to  part  IV  of  an  act  entitled  ''An  act  to 
establish  a  Political  Code,''  approved  March  12,  1872,  to  be 
known  as  title  V,  regulating  publications  by  state  officers 
and  commissioners,  common  councils,  boards  of  trustees,  or 
supervisors,  in  counties,  cities,  cities  and  counties,  or  towns. 

[Approved  March  25,  1903;  Stats.  1903,  p.  478.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  There  is  hereby  added  a  new  title  to  part  four 
of  an  act  entitled  ''An  act  to  establish  a  Political  Code,'' 
approved  March  twelfth,  eighteen  hundred  and  seventy-two,  to 
be  known  as  title  five,  and  to  read  as  follows : 

Title  V. 

Publication   by     state   officers   and   commissioners,   or   the   officers  of 
counties,  cities,  cities  and  counties,  or  towns. 

4458.  Publications. 

4459.  Newspapers  of  general  circulation. 

Official  ad-  4458.  Whenever  any  publication,  or  notice  by  publication 
or  official  advertising,  is  required  to  be  given  or  made  by  the 
provisions  of  this  code,  the  Civil  Code,  the  Code  of  Civil  Pro- 


LAWS  AND  STATUTP^S. 


83 


cedure,  the  Penal  Code,  or  by  any  law  of  the  state,  by  any 
officer  now  existing,  or  any  hereafter  to  be  created,  in  this 
state,  or  any  political  subdivision  thereof,  or  by  any  officer  of  a 
county,  city,  city  and  county,  or  town,  such  publication  of 
notice  by  publication,  or  official  advertising,  shall  be  given  or 
made  only  in  a  newspaper  of  general  circulation,  where  such  a 
newspaper  is  published  within  the  jurisdiction  of  said  official. 

4459.  A  newspaper  of  general  circulation  is  a  newspaper  Jiw^paper 
published  for  the  dissemination  of  local  or  telegraphic  news  diSauon. 
and  intelligence  of  a  general  character,  having  a  bona  fide  sub- 
scription list  of  paying  subscribers,  and  which  shall  have  been 
established,  printed,  and  published,  in  the  state,  county,  city, 
city  and  county,  or  town,  where  such  publication,  notice  of 
publication,  or  official  advertising,  is  given  or  made  for  at  least 
one  year.  A  newspaper  devoted  to  the  interests,  or  published 
for  the  entertainment  of  a  particular  class,  profession,  trade, 
calling,  race,  or  denomination,  or  any  number  thereof,  is  not  a 
newspaper  of  general  circulation. 

Sec.  2.    This  act  shall  take  effect  immediately. 


AN  ACT 

To  amend  an  act  entitled  ''An  act  to  establish  a  Penal  Code/^ 
approved  February  14,  1872,  by  adding  a  new  section  to 
said  Penal  Code,  to  be  knoivn  and  numbered  as  section  four 
hundred  and  tivo  and  three  quarters,  relating  to  the  furnish- 
ing or  erecting  of  unsafe  or  improper  scaffolding  or  media n- 
ical  contrivances. 

[Approved  March  19,  1903;  Stats.  1903,  p.  216.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

402f .  Any  person  or  corporation  employing  or  directing  ^^Ip^Jf^^j^^ 
another  to  do  or  perform  any  labor  in  the  construction,  altera- 
tion, repairing,  painting  or  cleaning  of  any  house,  building 
or  structure  within  this  state,  who  knowingly  or  negligently 
furnishes  or  erects  or  causes  to  be  furnished  or  erected  for  the 
performance  of  such  labor,  unsafe  or  improper  scaffolding, 
slings,  hangers,  blocks,  pulleys,  stays,  braces,  ladders,  irons, 
ropes  or  other  mechanical  contrivances,  or  who  hinders  or 
obstructs  any  officer  attempting  to  inspect  the  same  under  the 
provisions  of  section  twelve  of  ''An  act  to  establish  and  sup- 


84 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


port  a  bureau  of  labor  statistics/'  or  who  destroys,  defaces  or 
removes  any  notice  posted  thereon  by  such  officer,  or  permits 
the  use  thereof,  after  the  same  has  been  declared  unsafe  by 
such  officer,  contrary  to  the  provisions  of  said  section  twelve  of 
said  act,  shall  be  guilty  of  a  misdemeanor. 


AN  ACT 

To  provide  for  the  reconstruction  and  repair  by  the  hoard  of 
state  harbor  commissioners  of  the  damaged  property  of  the 
State  of  California  situated  on  the  water  front  of  the  city 
and  county  of  San  Francisco^  and  making  an  appropriation 
therefor. 

[Approved  June  14,  1906;  Stats.  1906,  p.  38.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 


Repair  and  SECTION  1.  The  board  of  state  harbor  commissioners  are 
u^?no/stJte  hereby  authorized  and  empowered  in  the  manner  and  method 

property  t  •  i  i 

authorized  by  law  to  reconstruct  and  repair  the  damaged  prop- 


on  water 
front  in 
San  Fran- 
cisco. 


Appro- 
priation. 


erty  of  the  State  of  California,  situated  on  the  water  front  of 
the  city  and  county  of  San  Francisco. 

Sec.  2.  There  is  hereby  appropriated,  for  said  purposes, 
out  of  any  moneys  in  the  state  treasury,  not  otherwise  appro- 
priated, the  sum  of  one  hundred  thousand  ($100,000.00)  dol- 
lars, and  the  state  controller  and  the  state  treasurer  are  hereby 
directed  to  transfer  said  sum  from  the  general  fund  to  the  San 
Francisco  harbor  improvement  fund. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


LAWS  AND  STATUTES. 


85 


AN  ACT 

To  amend  an  act  entitled  ''An  act  to  amend  section  one  of  an 
act  entitled  'An  act  requiring  the  payment  into  the  state 
treasury  of  all  moneys  belonging  to  the  state,  received  by  the 
various  state  institutions,  commissions  and  officers,  and 
directing  the  disposition  of  the  same/  approved  March  seven- 
teenth, eighteen  hundred  and  ninety -nine,''  approved  March 
20,  1905. 

[Approved  June  14,  190G ;  Stats.  1906,  p.  43.] 

The  pen  vie  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.    Section  one  of  the  said  act  is  hereby  amended 
so  as  to  read  as  follows : 

Section  1.  All  moneys  belonging  to  the  state  received  from  H^'^^l^^^ 
any  source  whatever  by  any  officer,  commission  or  commis- 
sioner,  board  of  trustees,  board  of  managers  or  board  of  direc-  the'treasury. 
tors,  shall  be  accounted  for  at  the  close  of  each  month  to  the 
state  controller,  in  such  form  as  the  controller  may  prescribe, 
and  at  the  same  time,  on  the  order  of  the  controller,  be  paid 
into  the  state  treasury;  provided,  in  the  case  of  any  state  hos- 
pital, asylum,  prison,  school  or  harbor,  supported  by  or  under 
control  of  the  state,  said  money  shall  be  credited  to  a  fund  to  ^^^^^^"^ 
be  known  as  the  contingent  fund  of  the  particular  institution 
from  which  such  money  is  received,  and  may  be  expended 
under  the  same  laws  and  provisions  that  govern  the  expendi- 
ture of  money  appropriated  for  the  support  of  such  institu- 
tion ;  and  provided,  that  in  every  case  where  the  law  directs  Exceptions, 
the  board  of  trustees,  managers  or  directors,  or  officer  to  refund 
any  money  upon  the  death  or  discharge  of  any  inmate  of  said 
hospital,  asylum,  prison,  school  or  other  institution,  or  to  pro- 
vide a  discharged  inmate  with  any  sum  of  money  or  with 
wearing  apparel,  such  amount  of  money  necessary  shall  be  paid 
by  the  board  of  trustees,  managers  or  directors  or  officer,  upon 
demand;  and  in  the  statement  to  the  controller  herein  pro- 
vided for,  these  amounts  shall  be  itemized  and  the  aggregate 
deducted  from  the  amount  to  be  paid  into  the  state  treasury ; 
provided,  further,  that  all  money  collected  by  boards  of  harbor  Exceptions, 
commissioners  shall  be  paid  into  the  harbor  improvement  fund 
of  the  respective  harbor  where  collected,  except  so  much 
thereof  as  may  be  necessary  to  pay  the  expense  of  urgent 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


repairs,  not  to  exceed  in  the  aggregate  ten  thousand  dollars 
per  month,  which  sum,  if  so  much  be  required,  may  be  used  in 
repairing  the  wharves,  piers,  landings,  thoroughfares,  sheds, 
and  other  structures,  and  the  streets  bounding  on  the  water 
front  under  the  jurisdiction  of  such  board  of  harbor  commis- 
sioners, without  advertising  the  proposals  therefor. 
Sec.  2.    This  act  shall  take  effect  immediately. 

AN  ACT 

To  amend  an  act  entitled  ''An  act  to  create  for  the  State  of 
California  a  department  of  engineering^  to  provide  for  the 
appointment  of  the  officers  and  employees  thereof,  defining 
its  powers  and  prescribing  the  duties  of  said  department^  its 
officers  and  employees,  to  provide  the  compensation  of  such 
officers  and  employees,  to  make  an  appropriation  for  the 
salaries  and  other  expenses  for  the  remainder  of  the  fifty- 
eighth  fiscal  year  and  making  certain  acts  a  felony,  and 
repealing  an  act  entitled  'An  act  creating  a  commissioner  of 
public  works,  defining  his  duties  and  powers,  and  fixing  his 
compensation,'  approved  February  ninth,  nineteen  hundred, 
and  all  acts  or  parts  of  acts  amendatory  thereof ;  also  repeal- 
ing an  act  entitled  'An  act  to  create  a  department  of  high- 
ways for  the  State  of  California,  to  define  its  duties  and 
powers,  to  provide  for  the  appointment  of  officers  arid  em- 
ployees thereof,  and  to  provide  for  the  compensation  of  said 
0 fleers  and  employees,  and  for  the  additional  expenses  of 
said  department,  and  to  make  an  appropriation  therefor 
for  the  remainder  of  the  forty-eighth  fiscal  year,'  approved 
April  first,  eighteen  hundred  and  ninety-seven;  also  repeal- 
ing an  act  entitled  'An  act  providing  for  the  appointment 
of  an  auditing  board  to  the  commissioner  of  public  works, 
authorizing  him  and  them  to  perform  certain  duties  relating 
to  drainage,  to  purchase  m^achinery,  tools,  dredges,  and  appli- 
ances therefor,  to  improve  and  rectify  water  channels,  to 
erect  ivorks  necessary  and  incident  to  said  drainage,  to  con- 
demn land  and  property  for  the  purposes  aforesaid,-  making 
certain  acts  a  felony,  and  making  an  appropriation  of  money 
for  the  purposes  of  this  act,'  approved  March  seventeenth, 
eighteen  hundred  ninety-seven,  and  all  acts  or  parts  of  acts 
amendatory  thereof;  also  repealing  an  act  entitled  'An  act  to 
provide  for  the  appointment,  duties  and  compensation  of  a 
debris  commissioner,  and  to  make  an  appropriation  to  be 


LAWS  AND  STATUTES. 


87 


expended  under  his  direction  in  the  discharge  of  his  duties 
as  such  commissioner/  approved  March  twenty-fourth, 
eighteen  hundred  and  ninety-three,  and  all  acts  or  parts  of 
acts  amendatory  thereof ;  also  repealing  an  act  entitled,  'An 
act  to  create  the  office  of  Lake  Tahoe  wagon  road  commis- 
sioner, providing  the  term  of  office  and  compensation  of  such 
commissioner,  defining  his  duties,  and  making  an  appropria- 
tion for  the  salary  and  expenditures  provided  for  and 
authorized  hy  this  act,'  approved  April  first,  eighteen  hun- 
dred ninety-seven,  and  all  acts  or  parts  of  acts  amendatory 
thereof,' '  approved  March  eleventh,  nineteen  hundred  and 
seven,  and  all  acts  or  parts  of  acts  amendatory  thereof,  hy 
amending  sections  1,  1^,  2,  3^  7,  9,  11,  17  and  19  thereof  and 
hy  adding  a  neiv  section  thereto  to  he  numhered  section  6a, 
relating  to  the  officers  and  employees  of  the  department  of 
engineering,  their  poivers,  duties  and  salaries. 

[Approved  April  8,  1911;  Stats.  1911,  p.  823.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assemhly,  do  enact  as  follows: 

Section  1.    A  department  of  and  for  the  State  of  Cali- 
fornia  to  be  known  as  the  department  of  engineering  is  hereby  engineering 
created,  to  consist  of  an  advisory  board  composed  of  the  gov-  Advisory 
ernor  as  ex  officio  member  and  chairman  of  said  board,  and  a  ^^'"^'"^ 
state  engineer  who  shall  be  the  chief  executive  officer  of  the 
department,  the  general  superintendent  of  state  hospitals,  the 
chairman  of  the  state  board  of  harbor  commissioners  of  San 
Francisco,  and  three  other  members  to  be  appointed  by  the 
governor,  which  said  three  appointive  members  shall  hereafter 
in  this  act  be  designated  as  the  appointed  members  of  said 
advisory  board.    The  said  department,  its  officers  and  em- 
ployees, shall  have  and  exercise  the  powers  and  duties  herein- 
after set  forth  and  specified,  and  such  as  are  or  may  be  here- 
after provided  by  law.  - 

Sec.  1^.    Upon  this  act  becoming  effective  the  governor  consulting 

board. 

shall  appoint  five  persons  who  shall  be  known  as  a  consulting 
board  to  the  department  of  state  engineering  upon  all  matters 
that  affect  irrigation,  drainage  and  river  improvement.  Such 
board  shall  meet  at  such  times  as  the  work  requires  and  shall  Meetings, 
meet  at  least  once  in  two  months.  They  may  report  to  the  Reports, 
advisory  board  on  all  matters  relating  to  irrigation,  drainage 
and  river  improvement  together  with  their  conclusions  thereon, 


88 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Head  of 
depart- 
ment. 


Hold 
office  at 
pleasure  of 
governor. 


Bond  of 
engineer. 


Office  of  de- 
partment. 


Assistants 
to  state 
engineer. 


and  may  render  a  report  to  the  advisory  board  upon  all  plaDS 
for  river  improvements. 

Sec.  2.  Upon  this  act  becoming  effective  the  governor  shall 
appoint  a  competent  civil  engineer  as  the  head  of  the  depart- 
ment of  engineering,  and  such  person  shall  be  known  as  the 
state  engineer.  The  state  engineer  shall  devote  his  entire  time 
to  the  services  of  the  state  and  shall  not  actively  engage  in  any 
other  pursuit  while  serving  as  such  state  official.  He  shall 
have  charge  of  all  the  engineering  and  structural  work  of  the 
department  and  may  receive  by  and  through  the  approval  of 
the  advisory  board  such  special  assistance  of  a  technical  char- 
acter beyond  the  employees  hereinafter  specified  as  they  shall 
allow  for  the  proper  conduct  of  the  business  of  the  depart- 
ment. 

Sec.  3.  The  state  engineer  and  the  appointed  members  of 
said  advisory  board  shall  hold  office  at  the  will  and  pleasure  of 
the  governor.  Immediately  after  qualifying,  the  advisory 
board  shall  meet  and  organize  and  shall  adopt  a  seal  for  the 
authentication  of  its  acts  and  records. 

Sec.  4.  Within  twenty  days  after  receiving  notice  of 
appointment  the  person  appointed  as  state  engineer  shall  file  a 
bond  in  the  sum  of  twenty  thousand  dollars  ($20,000)  with  at 
least  two  sufficient  sureties  thereon,  or  with  a  surety  company 
of  recognized  standing  for  the  faithful  performance  of  his 
duties,  which  bond  must  be  approved  by  the  governor  and  filed 
with  the  secretary  of  state,  and  he  shall  qualify  by  taking  the 
oath  of  office  as  prescribed  for  other  state  officers. 

Sec.  5.  The  office  of  the  department  of  engineering  shall 
be  in  the  state  capitol;  and  the  secretary  of  state  shall  assign 
to  the  department,  for  its  use,  such  rooms  as  may  be  necessary 
for  its  accommodation.  All  of  the  regular  meetings  of  the 
advisory  board  shall  be  held  at  such  office.  The  said  board 
may,  however,  hold  such  special  meetings  at  such  places  as  the 
duties  of  the  department  or  the  best  interests  of  the  state  may 
require.  The  state  board  of  harbor  commissioners  fcr  the  port 
of  San  Francisco  shall  assign  proper  rooms  in  the  Ferry  Build- 
ing at  San  Francisco  for  the  use  of  one  assistant  state  engi- 
neer and  his  necessary  office  help.  [Sees.  4  and  5,  Statutes 
1907,  p.  217.] 

Sec.  6.  The  department  of  engineering  by  and  through  the 
state  engineer  shall  have  the  power  to  appoint  two  assistant 
engineers,  one  state  architect,  one  architectural  designer,  three 
architectural  draughtsmen,  two  engineers  draughtsmen,  one 


LAWS  AND  STATUTES. 


89 


testing  engineer,  one  mechanical  engineer,  two  filing  clerks, 
one  blue-print  pressman,  a  secretary,  two  clerks  and  stenog- 
raphers and  one  porter  and  messenger,  and  such  additional 
technical  assistance  and  help  as  the  advisory  board  may  in  their 
judgment  deem  necessary,  and  to  fix  their  salaries  and  com-  Salaries, 
pensation,  who  shall  hold  office  at  the  pleasure  of  the  appointive 
power,  and  who  must  be  confirmed  by  the  advisory  board 
before  proceeding  with  their  duties.  Such  officers  and  em- 
ployees shall  not  be  eligible  for  appointment  unless  they  pos-  Kiigibuity. 
sess  special  qualifications  for  and  are  competent  to  perform 
the  duties  devolving  upon  them,  and  they  shall  devote  their 
entire  time  to  the  service  of  the  department.  [Statutes  1909, 
p.  560.] 

Sec.  6a.  The  department  of  engineering  by  and  through  mghway 
the  chairman  of  said  advisory  board  shall  have  the  power  to 
appoint  one  engineer  who  shall  be  particularly  skilled  and 
qualified  by  experience  in  highway  construction  and  who  shall 
be  designated  highway  engineer,  and  such  assistant  engineers, 
designers,  draughtsmen,  clerks,  stenographers,  and  such  other 
technical  assistants  and  help  as  the  advisory  board  may,  in  its 
judgment,  deem  necessary  and  said  advisory  board  shall  fix 
their  salaries  and  compensation  and  prescribe  their  duties. 

Sec.  7.    The  advisory  board  shall  meet  at  such  times  as  the  ^^eetings, 

powers, 

work  of  the  department  may  require  and  shall  meet  at  least  advisory 
once  in  two  months.  Said  board  shall  advise  with  the  state 
engineer,  highway  engineer  or  state  architect  as  necessity 
requires  and  may  advise  with  the  boards  of  managers  or 
trustees  of  the  various  state  institutions  requiring  engineer- 
ing or  structural  work,  and  with  any  state  commission  regard- 
ing all  works  wherein  such  commission  may  be  interested. 
The  advisory  board  shall  approve  all  plans  and  specifications 
for  all  public  work  and  shall  determine  the  kind,  quality  and 
extent  of  all  public  work  of  the  state.  All  boards  of  managers, 
trustees  and  state  commissions  of  state  institutions  shall  apply 
to  the  department  of  engineering  for  plans  and  specifications 
for  all  public  work  coming  under  their  charge,  and  before 
accepting  any  such  work  done  under  contract  shall  have  a  cer- 
tificate from  the  state  engineer  who  shall  examine  and  certify 
to  its  completion.  All  public  work  coming  under  the  full  con- 
trol of  the  department  of  engineering  may  upon  the  discretion 
of  the  advisory  board  be  either  contracted  for  or  done  by 
day's  labor.  The  advisory  board  shall  have  the  power,  on  the 
approval  of  plans  and  specifications  by  the  state  engineer,  to 


90 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


pibuc  works,  direct  whether  any  building  or  structure  at  any  state  institu- 
tion shall  be  let  by  contract  in  part  or  in  whole,  or  whether 
said  building  or  structure  shall  be  built  by  day's  labor  in  part 
or  in  whole,  but  after  approval  of  the  plans,  specifications  and 
estimates  by  the  advisory  board  of  the  department  of  engineer- 
ing, if,  in  the  opinion  of  such  department  of  engineering,  the 
acceptance  of  any  bid  or  bids  shall  not  be  for  the  best  interests 
of  the  state,  or  if  in  the  opinion  of  such  department  of  engi- 
neering the  acceptance  of  any  further  bids  after  the  rejection 
of  all  bids  submitted  shall  not  be  for  the  best  interests  of  the 
state,  it  may  be.  legal  for  them  to  direct  that  the  work  or 
improvement  of  any  state  building,  road  or  any  other  improve- 
ment be  done  upon  a  day's  labor  basis.  Whenever  any  public 
work  to  be  done  by  the  state  except  work  on  property  of  the 
state  on  the  water  front  of  the  city  and  county  of  San  Fran- 
cisco under  the  jurisdiction  of  the  board  of  state  harbor  com- 
missioners is  placed  upon  a  day's  labor  basis,  it  is  especially 
exempted  from  any  law  on  or  relating  to  contracts  of  the 
state.  The  full  control  of  such  day's  labor  work  is  placed 
under  the  department  of  engineering  and  said  department 
shall  do  all  things  necessary  to  properly  carry  out  the  work. 
"When  such  work  is  so  placed  upon  a  day's  labor  basis,  any 
appropriation  which  is  now  available  or  which  is  now  or  may 
be  appropriated  to  become  available,  is  by  this  act  taken  out  of 
the  control  of  any  board  of  trustees,  directors,  commissioners, 
officers  or  other  body  to  whom  it  has  been  appropriated,  and 
placed  exclusively  under  the  control  of  the  department  of 
engineering,  and  the  claims  for  said  work  shall  be  approved 
by  the  department  of  engineering,  and  audited  by  the  board  of 
examiners,  upon  whose  audit  the  controller  shall  draw  his  war- 
rant and  the  treasurer  shall  pay  the  same.  The  department  of 
engineering  shall  have  power  to  receive  informal  bids  upon 
any  subdivision  of  the  day's  labor  work  and  the  state  engineer 
may  upon  the  approval  of  the  advisory  board  enter  into  an 
agreement  for  any  such  subdivisional  work  of  the  day's  labor 
work. 

Supersedes  Sec.  8.  The  full  control  of  all  public  work  being  done  or 
pubifc''^      now  completed  by  the  board  of  public  works  shall  be  assumed 

works.  *^  •111 

by  the  department  of  engineering,  and  all  pubhc  work  done  by 
the  state,  except  as  otherwise  provided  for  by  law,  shall  be 
under  the  full  control  of  the  said  department.  It  shall  be  the 
duty  of  the  department  of  engineering  whenever  required  by 
the  advisory  board  to  make  examinations  of  knds  subject  to 
inundation  and  overflow  by  flood  waters  and  of  the  waters 


LAWS  AND  STATUTES. 


91 


causing  such  inundation  or  overflow,  and  plans  and  estimates 
of  the  cost  for  works  to  regulate  and  control  such  flood  waters. 
All  matters  of  drainage,  and  improving  and  rectifying  river 
channels  and  other  work  on  any  river  or  slough  flowing  into 
San  Francisco  bay,  San  Pablo  bay  and  Suisun  bay,  and  also 
the  tide  waters  flowing  into  said  bays,  shall  be  placed  under  the 
management  and  control  of  the  department  of  engineering 
whenever  the  law  provides  therefor.  The  department  of  engi- 
neering shall  have  charge  of  all  expenditures,  unless  otherwise 
provided  by  law,  for  all  public  works  relating  to  general  river 
and  harbor  improvements,  including  reclamation  and  drainage  SSoMm 
of  lands.  It  may  purchase,  construct  and  operate  one  or  more  ^'""'"'"^^ 
dredges  or  any  other  needed  appliances  to  promote  or  properly 
carry  out  the  work  of  the  departm.ent.  The  state  engineer  in 
the  name  of  the  State  of  California  mav  obtain  or  condemn 
any  right  of  way  necessary  for  any  construction  herein  named, 
and  shall  proceed,  if  necessary,  to  condemn,  under  the  terms  of 
the  Code  of  Civil  Procedure  relating  to  such  proceedings.  The 
department  shall  have  the  power  to  employ  such  additional 
help  for  the  performance  of  the  work  of  this  section  as  the 
advisory  board  shall  order,  and  all  money  now  appropriated  to 
the  board  of  public  works  and  remaining  unexpended  shall  be 
used  for  the  purposes  intended  by  the  law  by  the  department 
of  engineering,  and  the  state  controller  shall  transfer  said  funds 
to  the  credit  of  the  department  of  engineering.  Whenever, 
under  any  statutes  of  this  state  any  duty  or  obligation,  the  per- 
formance of  which  is  imposed  unon  the  commissioner  of  public 
works  or  the  auditing  board  to  the  commissioner  of  public 
works,  the  same  shall  be  assumed  and  the  performance  of  the 
same  shall  devolve  upon  the  department  of  engineering. 
[Statutes  1907,  p.  218.] 

Sec.  9.  The  department  of  engineering  shall  take  full  pOS-  Control 
session  and  control  of  all  roads  which  have  been  declared  state  ^Vhws. 
highways  enumerated  as  follows:  The  Lake  Tahoe  wagon 
road,  the  Sonora  and  Mono  road,  the  Mono  Lake  basin  road 
and  all  other  state  highways  which  may  hereafter  he  con- 
structed and  all  public  work  being  done  or  now  completed  by 
the  department  of  highways.  Ail  expenditures  by  the  state 
for  highway  purposes  except  as  otherwise  hereafter  provided 
by  law  shall  be  under  the  full  charge  of  the  department  of 
engineering,  and  all  moneys  appropriated  for  such  purpose 
shall  be  made  payable  upon  the  proper  order  of  said  depart- 
ment and  shall  be  audited  by  the  state  board  of  examiners. 
The  department  of  engineering,  in  the  name  of  the  people  of 


Expendi- 
tures. 


92 


BOARD  OF  STATE  IIAKBOR  COMMISSIONERS. 


Power  to 
condemn 
right  of 
way. 


Superin- 
tendents of 
state 

highways. 


Examine 
highway 
conditions. 


A  nalyze 
road 

materials. 


Forms  of 
books. 


the  State  of  California,  shall  have  the  power  to  obtain  or  con- 
demn necessary  rights  of  way  for  any  anthorized  state  high- 
way or  for  the  change  of  any  existing  state  highway  or  for 
any  road  placed  under  the  department's  charge  by  law  unless 
otherwise  provided.  It  shall  have  power  to  alter  or  change 
the  route  of  a  road  and  shall  do  all  things  necessary,  and 
obtain  all  tools  and  implements  required  to  properly  care  for 
and  manage  the  roads  under  the  charge  of  the  department. 
The  department  may,  in  its  discretion,  and  by  and  through 
its  chairman,  appoint  superintendents  of  the  state  highways 
who  shall  hold  office  at  the  pleasure  of  the  appointive  power. 
They  shall  be  specially  qualified  in  road  work.  All  unex- 
pended balances  of  money  now  existing  by  law  for  improve- 
ments or  maintenance  of  whatever  kind  under  the  department 
of  highways,  and  the  Lake  Tahoe  wagon  road  commissioner 
shall  be  placed  under  the  control  of  the  department  of  engi- 
neering, and  the  state  controller  shall  transfer  said  funds  to 
the  credit  of  the  department  of  engineering.  Whenever  under 
any  statutes  of  this  state  the  performance  of  any  duty  or  obli- 
gation is  imposed  upon  the  department  of  highways,  the  same 
shall  be  assumed  by  and  the  performance  of  the  same  shall 
devolve  upon  the  department  of  engineering. 

Sec.  10.  The  department  of  engineering  shall  make  exam- 
ination into  existing  highway  conditions  in  the  State  of  Cali- 
fornia, and  shall,  furthermore,  make  such  investigations  within 
the  state  as  will  put  at  the  service  of  the  state  the  most 
approved  methods  of  highway  improvement.  It  shall  supply, 
on  request,  without  charge,  any  information  relative  to  high- 
ways required  by  any  county  or  district  official  having  care  of 
and  authority  over  highways  within  this  state.  It  shall  collect 
and  collate  data  relating  to  the  geological  formation  of  the 
state  in  so  far  as  it  relates  to  material  suitable  for  highway 
construction,  and  make  analyses  and  tests  of  such  material  as 
it  may  deem  suitable  for  highway  uses,  with  the  view  of  deter- 
mining the  value  of  the  same  for  such  purposes.  All  data  so 
collected,  together  with  such  other  matters  of  value  or  interest 
to  the  people  of  the  state,  shall  be  published  in  bulletins,  or 
upon  maps  or  diagrams,  or  in  other  proper  form,  or  in  the 
biennial  report  of  the  department,  as  it,  in  its  discretion,  shall 
determine.  The  department  shall  prepare  and  adopt  styles 
and  forms  of  books  for  use  by  officials,  in  which  to  keep  account 
of  the  expenditure  of  highway  money  and  all  other  records  or 
proceedings  relating  to  highways.  It  shall  prepare  such  forms 
as  may  be  necessary  for  use  in  connection  with  opening,  aban- 


LAWS  AND  STATUTES. 


93 


doning,  altering,  locating,  constructing,  maintaining,  obtain- 
ing title  to,  or  otherwise  relating  to  proposed  state  highways; 
and  such  books  and  forms,  when  so  adopted,  shall  be  the  stand- 
ard for  use  in  the  state.  Copies  of  them  shall  be  forwarded 
to  the  various  officials  who  are  charged  with  keeping  or  using 
the  same,  and  such  officials  shall  immediately  prepare  books 
and  forms  after  the  style  shown  by  such  standard,  and  shall 
thereafter  use  them  exclusively  for  the  purposes  for  which  they 
are  intended.    It  shall  be  the  duty  of  the  department  to  adopt  Forms  for 

surveying 

such  general  forms  for  the  surveying  of  state  highways,  map- 
ping,  and  keeping  of  the  notes  thereof,  and  the  permanent 
marking  of  the  same  on  the  ground,  as  it  shall  deem  necessary, 
and  shall  issue  instructions  defining  such  general  forms  and 
markings  to  the  person  having  charge  of  the  making  of  such 
surveys ;  and  it  shall  thereafter  be  the  duty  of  such  persons  to 
follow  the  methods  prescribed  in  such  instructions.  The 
department  of  engineering,  in  performance  of  its  duties,  shall 
have  the  power  to  call  upon  any  state,  county,  or  district  official 
to  furnish  it  with  any  information  contained  in  his  office  which 
relates  to  or  is  in  any  way  necessary  to  the  proper  performance 
of  the  work  of  said  department;  and  it  is  hereby  made  the 
duty  of  such  officials  to  furnish  such  information  without  cost. 
[Statutes  1907,  p.  219,] 
Sec.  11.    All  architectural  work  of  the  department  shall  state 

architect. 

be  under  the  charge  of  the  state  architect,  and  it  shall  be  the 
duty  of  said  architect  to  make  plans  and  specifications  and 
estimates  for  all  work  for  state  buildings.  He  shall,  in  com- 
pany with  the  state  engineer,  visit  and  inspect  all  completed 
architectural  work,  and  shall  certify  to  the  state  engineer  its 
proper  or  improper  completion.  The  state  architect  shall  have 
general  charge  under  the  state  engineer  of  the  erection  of  all 
buildings  and  must  have  an  inspector  at  each  building  during 
the  whole  time  of  its  construction. 

Sec.  12.    One  assistant  state  engineer  shall  be  assigned  to  one  assist- 

^  ant  engineer 

the  state  board  of  harbor  commissioners  at  San  Francisco,  signed  to 
where  he  shall  have  an  office.  He  shall  prepare  such  plans  f^co^har'bor. 
and  specifications  as  the  board  may  direct,  and  if  adopted,  and 
the  work  ordered  by  the  board  to  be  done,  must  superintend 
its  construction.  He  must  give  constant  attention  to  the  con- 
dition of  the  seawall  and  thoroughfare,  of  the  sheds,  wharves, 
piers  and  landings,  of  the  streets  or  parts  thereof  under  the 
jurisdiction  of  the  board,  and  when  repairs  are  needed  must 
forthwith  report  to  the  board  in  writing  their  nature  and 
extent,  and  if  ordered  bv  the  board  must  have  the  same  done 


94 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Register 
of  work. 


Draughts- 
man to  har- 
bor board. 


Cooperative 
work  with 
United 
States 

Government. 


Transfer  of 
funds. 


State  engi- 
neer to 
ach  ise  with 
California 
debris  com- 
mission. 


at  once.  He  must  keep  himself  informed  as  to  the  depth  of 
water  in  the  various  docks  and  slips,  and  report  to  the  board 
from  time  to  time  what  dredging  is  required.  He  must  keep 
a  register  properly  indexed,  showing  the  date,  place  and 
character  of  every  piece  of  work  done  and  dock  dredged,  when 
begun  and  finished,  with  proper  descriptions  and  drawings. 
He  shall  do  all  engineering  work  required  by  the  said  board  of 
harbor  commissioners.  Said  assistant  engineer  shall  be  sub- 
ject to  the  control,  at  all  times,  of  the  state  engineer,  and  a 
copy  of  all  work  under  his  charge  as  assistant  engineer  shall 
be  filed  in  the  office  of  the  department  of  engineering.  A  com- 
plete record  of  cost  in  detail,  of  all  work  done  under  the  super- 
vision of  this  assistant  engineer  shall  be  filed  with  the 
department  of  engineering  upon  the  completion  thereof.  One 
engineer's  draughtsman  shall  be  assigned  to  the  said  harbor 
board  by  the  state  engineer,  and  the  advisory  board  of  the 
department  of  engineering  shall  employ  such  field  and  other 
assistants  to  the  foregoing  assistant  state  engineer  as  may  be 
necessary  and  such  field  and  other  assistants  shall  be  paid  from 
the  San  Francisco  harbor  improvement  fund. 

Sec.  13.  All  cooperative  engineering  work  now  existing  or 
to  be  engaged  in  by  the  state  with  the  United  States  govern- 
ment shall  be  placed  under  the  department  of  engineering. 
All  plans,  estimates  and  specifications  shall  be  approved  by 
the  state  engineer,  and  the  advisory  board  shall  have  full 
power  to  determine  the  kind,  quality  and  extent  of  such  work 
under  cooperation  with  said  government  before  entering-  into 
agreement  with  said  government  for  such  work.  All  unex- 
pended moneys  provided  for  by  law  on  the  aforesaid  coopera- 
tive basis  shall  be  expressly  placed  under  the  full  control  of 
the  department  of  engineering,  and  the  state  controller  shall 
transfer  such  funds  to  the  credit  of  the  said  department. 
Hereafter  plans,  estimates  and  specifications  for  such  work 
shall  be  filed  in  the  office  of  the  said  department. 

Sec.  14.  It  shall  be  the  duty  of  the  state  engineer  to  con- 
sult and  advise  with  the  members  of  the  corps  of  engineers  of 
the  United  States  Army  comprising  the  California  Debris 
Commission  (created  by  act  of  congress  approved  March  first, 
eighteen  hundred  and  ninety-three),  in  relation  to  the  con- 
struction of  works  for  the  restraining  and  impounding  of 
debris  resulting  from  mining  operations,  natural  erosion,  or 
other  causes;  and  it  shall  be  his  duty  to  examine  such  works 
and  to  report  the  result  of  such  examination  to  the  advisorv 


LAWS  AND  STATUTES. 


95 


board.  Said  state  engineer  is  further  authorized  and  directed 
to  consult  and  advise  with  said  ^'California  Debris  Commis- 
sion'' in  relation  to  any  and  all  plans  and  specifications  that 
may  have  been  or  may  hereafter  be  prepared  or  adopted  by  said 
' '  California  Debris  Commission, ' '  for  the  construction  of  such 
restraining  or  impounding  works,  and  said  state  engineer  shall 
file  a  copy  of  all  such  plans  and  specifications  in  the  office  of 
the  department.  Whenever  the  advisory  board  approves  said 
plans  and  specifications  the  state  engineer  shall  notify  the 
California  Debris  Commission.''  Whenever  said  California 
Debris  Commission"  or  the  government  of  the  United  States 
shall  have  entered  into  any  contract  for  the  construction  of 
works  for  the  purposes  described  in  this  act,  in  pursuance  of 
plans  and  specifications  that  have  been  theretofore  approved 
by  the  advisory  board  as  in  this  act  provided,  it  shall  then 
be  the  duty  of  the  state  engineer  to  cause  such  work  to  be  inspection 

,  ■  ot  work. 

carefully  inspected  during  the  progress  of  their  construction 
and  to  keep  a  record  of  the  result  of  such  inspection.  Said 
state  engineer  shall  also,  from  time  to  time,  during  the  progress 
of  the  construction  of  such  works,  when  requested  so  to  do  by 
the  said  ' '  California  Debris  Commission, ' '  present  his  claims  to  payment  of 
the  state  board  of  examiners  in  favor  of  such  person  or  persons  cSmcuon 
as  may  be  designated  by  said  ''California  Debris  Commission" 
for  such  amounts  as  shall  equal  one  half  of  the  cost  of  the 
construction  of  said  works;  and  said  state  engineer  shall  in 
like  manner,  and  when  requested  so  to  do  by  said  "California 
Debris  Commission,"  present  his  claims  to  the  state  board  of 
examiners  for  an  amount  equal  one  half  the  purchase  price  of 
any  site  or  sites  necessary  for  the  construction  of  said  works; 
provided,  that  the  purchase  of  said  site  or  sites  shall  have  been 
first  approved  by  the  advisory  board.  All  unexpended  bal- 
ances of  money  provided  by  law  for  the  work  under  the  debris 
commissioner  shall  be  placed  to  the  credit  of  the  department 
of  engineering  by  the  state  controller.  AVlienever  under  any 
statutes  of  the  state  an^^  duty  or  obligation,  the  performance 
of  which  is  imposed  upon  the  debris  commissioner,  the  same 
shall  be  assumed  and  the  performance  of  the  same  shall  devolve 
upon  the  department  of  engineering.  [-iS'i^r^.  11,  12,  13  and  14, 
Statutes  1907,  p.  221.] 

Sec.  15.    When  in  his  judgment  it  is  deemed  necessarv,  the  Assistance 

on  public 

state  engmeer,  subject  to  the  approval  of  the  advisory  board,  pi^^^l^'of 
shall  employ  such  assistance  on  the  public  Avork  of  the  state  or 
on  public  work  at  any  state  institution  as  may  be  necessary  for 
the  proper  discharge  of  his  duties,  and  shall  under  like  restric- 


96 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Reports  of 
inspectors. 


tions,  have  the  authority  to  purchase  any  supplies,  instru- 
ments, tools  and  conveniences  as  may  be  necessary  for  the 
proper  discharge  of  the  duties  of  the  department  of  engineer- 
How  paid,  ing.  All  employees  of  the  department  of  engineering,  when 
employed  upon  public  work  at  or  for  any  state  institution  in 
this  state  shall  be  paid,  unless  otherwise  provided,  from  the 
revolving  fund  hereinafter  created,  and  the  amount  of  such 
payment  shall  be  a  charge  against  the  institution  for  which 
such  work  is  performed,  and  when  collected  from  said  insti- 
tution by  the  department  of  engineering,  shall  be  paid  into 
said  revolving  fund.  In  all  other  cases  such  employees  shall 
be  paid  by  the  department  of  engineering.  All  inspectors 
employed  by  the  state  engineer  on  any  public  work  shall 
render  to  the  state  engineer  a  full,  true  and  correct  report  of 
the  kind,  manner  and  progress  of  all  work  upon  which  he  is 
such  inspector.  Any  inspector  who  shall  render  a  false  report 
knowing  the  same  to  be  false  shall  be  guilty  of  a  felony.  It 
shall  be  the  duty  of  the  state  engineer  to  keep  a  full,  true  and 
correct  detailed  account  of  the  cost  of  all  work  done  under  the 
control  of  the  department "  of  engineering,  and  with  the  con- 
sent of  the  advisory  board,  may  employ  a  clerk  for  the  proper 
compiling  thereof.  Such  accounts  shall  be  always  open  to  the 
inspection  of  the  public.  [Statutes  1909,  p.  561.] 
fevonlt  Sec.  16.  The  state  engineer  shall  prepare  biennial  reports 
IngLer.  w^hlch  shall  be  submitted  to  the  governor  at  least  thirty  days 
before  each  session  of  the  legislature.  Said  report  shall 
embrace  the  work  and  investigations  of  the  department  under 
his  charge  for  the  previous  two  years,  together  with  such 
recommendations  for  changes  in  the  laws  affecting  the  depart- 
ment as  he  may  deem  advisable,  and  shall  suggest  and  recom- 
mend changes  relating  to  the  road  systems  or  administration 
Duty  of  w^ithin  the  state.  It  shall  be  the  duty  of  the  state  printer  to 
printer.  print  all  reports,  bulletins  or  other  matter,  and  furnish  any 
other  necessary  illustrations  or  diagram  therefor  as  the  depart- 
ment may  deem  necessary,  all  of  which  shall,  however,  be  sub- 
ject to  the  approval  of  the  state  board  of  examiners.  [Statutes 
1907,  p.  222.] 

Salaries.  Sec.  17.  The  highway  engineer  shall  receive  not  to  exceed 
the  sum  of  ten  thousand  dollars  ($10,000)  per  annum;  the 
state  engineer  shall  receive  the  sum  of  five  thousand  dollars 
($5,000)  per  annum;  and  the  officers  and  employees  enumer- 
ated in  section  6  of  this  act  shall  receive  the  following  sums: 
Each  assistant  state  engineer  shall  receive  the  sum  of  three 
thousand  dollars  ($3,000)  per  annum;  the  state  architect  shall 


LAWS  AND  STATUTES. 


97 


receive  forty-eight  hundred  dollars  ($4,800)  per  annum;  each 
of  the  five  draughtsmen  shall  receive  two  thousand  dollars 
($2,000)  per  annum;  the  architectural  designer  shall  receive 
twenty- four  hundred  dollars  ($2,400)  per  annum;  the  me- 
chanical engineer  shall  receive  twenty-seven  hundred  dollars 
($2,700)  per  annum;  the  testing  engineer  shall  receive  twenty- 
one  hundred  dollars  ($2,100)  per  annum;  each  of  the  two 
filing  clerks  shall  receive  eighteen  hundred  dollars  ($1,800) 
per  annum;  the  secretary  shall  receive  twenty-four  hundred 
dollars  ($2,400)  per  annum;  the  blue  print  pressman  shall 
receive  fifteen  hundred  dollars  ($1,500)  per  annum;  each 
clerk  and  stenographer  shall  receive  fifteen  hundred  dollars 
($1,500)  per  annum;  and  the  porter  and  messenger  shall 
receive  nine  hundred  dollars  ($900)  per  annum.  Such  salaries 
shall  be  paid  at  the  same  time  and  in  the  same  manner  Bonds, 
as  are  the  salaries  of  other  state  officers.  The  highway 
engineer  shall  furnish  the  state  with  a  bond  in  the  sum  of 
twenty  thousand  dollars  ($20,000)  ;  the  two  assistant  engi- 
neers and  the  state  architect  shall  each  furnish  the  state  with 
a  bond  in  the  sum  of  ten  thousand  dollars  ($10,000)  for  the 
faithful  performance  of  their  duties.  Said  bonds  must  be 
approved  by  the  governor  of  the  State  of  California  and  filed 
in  the  office  of  the  secretary  of  state.  Each  of  the  three 
appointed  members  of  said  advisory  board  shall  receive  tiie  IfJ^^"^ 
sum  of  three  thousand  six  hundred  dollars  ($3,600)  per 
annum,  payable  in  equal  monthly  installments.  Each  and  oath  of 
every  one  of  the  above  mentioned  officers  shall  take  the  oath  of 
office  as  prescribed  for  other  state  officers.  The  members  of 
the  advisory  board,  the  state  engineer  and  the  officers  and 
employees  of  the  department  of  engineering  shall  be  allowed 
theit*  necessary  traveling  expenses  while  engaged  in  the  dis-  Expenses, 
charge  of  their  duties  within  the  state. 

Sec.  18.    The  state  board  of  examiners  shall  audit  all  bills  ^"^ni?^ 
or  claims  incurred  by  the  department  of  engineering,  and  the 
state  engineer  shall  present  claims  to  said  board  for  all  expen-  Attorney 
ditures  directly  under  his  charge.    The  attorney  general  of  i^^/gj 
the  state  shall  be  the  legal  adviser  of  the  department  of  engi- 
neering, and  the  said  department  shall  call  upon  the  attorney 
general  of  the  state  for  all  such  legal  advice  and  services  as 
the  discharge  of  its  duties  may  require.    [Statutes  1907,  page 
223.] 

Sec.  19.    The  sum  of  ten  thousand  dollars   ($10,000)  is  f^'J^^^^"^ 
hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated  to  provide  and  maintain  a  perma- 

7—11204 


98 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Certain  com- 
missions to 
transfer  all 
their  prop- 
erty. 


Repeal  of 
act  creating 
commis- 
sioner 
of  public 
works. 


Repeal  of 
act  creating 
department 
of  high- 
ways. 


Repeal  of 
act  creating 
auditing 
board. 


nent  revolving  fund  for  the  payment  of  salaries  and  wages  of 
employees  in  the  department  of  engineering  when  employed 
upon  public  work  at  or  for  any  state  institution,  other  than 
those  employees  whose  salaries  are  fixed  and  determined  by 
section  17  of  this  act.  Such  payment  so  made  for  salaries  and 
wages  shall  be  charged  against  the  institutions  for  which  said 
act  is  performed  and  in  favor  of  the  department  of  engineer- 
ing, and  when  collected  by  said  department,  shall  be  paid  into 
the  revolving  fund  hereby  created. 

Sec.  20.  It  shall  be  the  duty  of  the  auditing  board  to  the 
commissioner  of  public  works,  the  commissioner  of  public 
works,  the  state  highway  commissioner,  the  debris  commis- 
sioner and  the  Lake  Tahoe  wagon  road  commissioner  to  trans- 
fer to  the  state  controller  all  of  the  property,  books,  reports 
and  papers  and  maps  of  every  description  which  is  state  prop- 
erty, and  the  said  controller  shall  transfer  all  of  said  things 
and  property  to  the  department  of  engineering. 

Sec.  21.  An  act  entitled  ^^An  act  creating  a  commissioner 
of  public  works,  defining  his  duties  and  powers  and  fixing  his 
compensation,'^  approved  February  ninth,  nineteen  hundred, 
and  all  acts  or  parts  of  acts  amendatory  thereof  are  hereby 
expressly  repealed. 

Sec.  22.  An  act  entitled  ''An  act  to  create  a  department  of 
highways  for  the  State  of  California,  to  define  its  duties  and 
powers,  to  provide  for  the  appointment  of  officers  and 
employees  thereof,  and  to  provide  for  the  compensation  of  said 
officers  and  employees,  and  for  the  additional  expenses  of  said 
department,  and  to  make  an  appropriation  therefor  for  the 
remainder  of  the  forty-eighth  fiscal  year,"  approved  April 
first,  eighteen  hundred  and  ninety-seven,  is  hereby  expressly 
repealed. 

Sec.  23.  An  act  entitled  ''An  act  providing  for  the  ap- 
pointment of  an  auditing  board  to  the  commissioner  of  public 
works,  authorizing  and  directing  him  and  them  to  perform 
certain  duties  relating  to  drainage,  to  purchase  machinery, 
tools,  dredges,  and  appliances  therefor,  to  imj^rove  and  rectify 
water  channels,  to  erect  works  necessary  and  incident  to  said 
drainage,  to  condemn  land  and  property  for  the  purposes 
aforesaid,  making  certain  acts  a  felony,  and  making  an  appro- 
priation of  money  for  the  purposes  of  this  act,''  approved 
March  seventeenth,  eighteen  hundred  and  ninety-seven,  and 
all  acts  or  parts  of  acts  amendatory  thereof  are  hereby  ex- 
pressly repealed. 


LAWS  AND  STATUTES.  99 

Sec.  24.    An  act  entitled  ''An  act  to  provide  for  the  an- 

Repeal  of 

.  ^  ^    act  creating 

pomtment,  duties  and  compensation  of  a  debris  commissioner,  mfssSonT" 
and  to  make  an  appropriation  to  be  expended  under  his  direc- 
tions in  the  discharge  of  his  duties  as  such  commissioner/' 
approved  March  twenty-fourth,  eighteen  hundred  and  ninety- 
three,  and  all  acts  or  parts  of  acts  amendatory  thereof  are 
hereby  expressly  repealed. 

Sec.  25.    An  act  entitled  ''An  act  to  create  the  office  of  ^''epeaiof 

T     1       m   1  -,  .     .  act  creating 

Lake  Tahoe  wagon  road  commissioner,  providing  the  term  of  wagon  ro^ad 
office  and  compensation  of  such  commissioner,  -defining  his 
duties,  and  making  an  appropriation  for  the  salary  and  expen- 
ditures provided  for  and  authorized  by  this  act,''  approved 
April  first,  eighteen  hundred  and  ninety-seven,  and  all  acts  or 
parts  of  acts  amendatory  thereof  are  hereby  expressly  repealed. 

Sec.  26.  All  acts  or  parts  of  acts  in  conflict  with  the  provi- 
sions of  this  act  are  hereby  repealed.  [Sees.  20,  21,  22,  23,  24, 
25,  26,  Statutes  1907,  p.  224.] 


AN  ACT 

To  provide  for  the  reconstruction  and  repair  by  the  board  of 
state  harbor  commissioners,  of  ivharves,  piers,  docks,  bulk- 
heads, sheds,  streets  and  seaivall,  the  property  of  the  State 
of  California  situated  on  the  ivater  front  of  the  city  and 
county  of  San  Francisco,  and  making  an  appropriation 
therefor. 

[Approved  March  13,  1907;  Stats,  1907,  p.  245.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  board  of  state  harbor  commissioners  are  Repair  of 
hereby  authorized  and  empowered  in  the  manner  and  method  Fran- 

. -i      -J    ^  CISCO  wat6i 

prescribed  by  law  to  reconstruct  and  repair  wharves,  piers, 
docks,  bulkheads,  sheds,  streets  and  seawall,  the  property  of 
the  State  of  California  situated  on  the  water  front  of  the  city 
and  county  of  San  Francisco. 

Sec.  2.  There  is  hereby  appropriated  for  said  purposes  Appro- 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appro- 
priated,  the  sum  of  two  hundred  and  fifty  thousand  ($250,000) 
dollars,  and  the  state  controller  and  the  state  treasurer  are 
hereby  directed  to  transfer  said  sum  from  the  general  fund  to 
the  San  Francisco  harbor  improvement  fund. 


100 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Sec.  3.  The  state  controller  and  the  state  treasurer  are 
hereby  directed  on  the  thirtieth  day  of  June,  nineteen  hun- 
dred and  eight,  and  annually  thereafter  for  four  years,  to 
transfer  from  the  San  Francisco  harbor  improvement  fund  to 
the  general  fund  the  sum  of  fifty  thousand  ($50,000)  dollars, 
together  with  interest  at  the  rate  of  four  per  cent  per  annum 
on  said  sum  of  two  hundred  and  fifty  thousand  ($250,000) 
dollars,  or  such  portion  thereof  as  shall  remain  untransferred 
to  the  general  fund  from  the  San  Francisco  harbor  improve- 
ment fund,  as  provided  herein. 

Sec.  4.  This  act  shall  take  *effect  and  be  in  force  from  and 
after  June  30,  1907. 


AN  ACT 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  construction  hy  the  board  of  state  harbor  com- 
missioners of  wharves^  piers,  seawall,  state  railroad,  spurs 
and  appurtenances  in  the  city  and  county  of  San  Francisco; 
to  create  a  sinking  fund  for  the  paymeift  of  said  bonds;  and 
providing  for  the  submission  of  this  act  to  a  vote  of  the 
people. 

[Approved  March  21,  1907;  Stats.  1907,  p.  772.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 


Bonds  for 
harbor  im- 
provements. 


State 
treasurer 


Amount 
of  issue. 


Interest 
rate. 


Section  1.  For  the  purpose  of  providing  a  fund  for  the 
payment  of  the  indebtedness  hereby  authorized  to  be  incurred 
by  the  board  of  state  harbor  commissioners  for  the  erection  of 
wharves,  piers,  seawall,  state  railroad,  spurs  and  appur- 
tenances in  the  city  and  county  of  San  Francisco,  at  a  cost  not 
to  exceed  two  million  dollars  (which  said  wharves,  piers,  sea- 
wall, state  railroad,  spurs  and  appurtenances  the  board  of  state 
harbor  commissioners  are  hereby  empowered  to  construct  in 
the  manner  authorized  by  law,  and  at  a  cost  not  to  exceed  said 
two  million  dollars),  the  state  treasurer  shall,  immediately 
after  the  issuance  of  the  proclamation  of  the  governor,  pro- 
vided for  in  section  ten  hereof,  prepare  two  thousand  suitable 
bonds  of  the  State  of  California,  in  the  denomination  of  one 
thousand  dollars  each.  The  whole  issue  of  said  bonds  shall  not 
exceed  the  sum  of  two  million  dollars,  and  said  bonds  shall  bear 
interest  at  the  rate  of  four  per  centum  per  annum,  from  the 
time  of  the  sale  thereof,  and  both  principal  and  interest  shall 


LAWS  AND  STATUTES. 


101 


be  payable  in  gold  coin  of  the  present  standard  value,  and  they 
shall  be  payable  at  the  office  of  the  state  treasurer,  at  the 
expiration  of  nineteen  years  from  their  date,  subject,  however, 
to  redemption  by  lot  as  in  this  act  hereinafter  provided.  Said 
bonds  shall  bear  date  the  second  day  of  January,  A.  D.  nine- 
teen  hundred  and  nine,  and  shall  be  made  payable  on  the 
second  day  of  January,  nineteen  hundred  and  twenty-eight 
A.  D.  The  interest  accruing  on  such  of  said  bonds  as  are  sold 
shall  be  due  and  payable  at  the  office  of  the  state  treasurer  on 
the  second  day  of  January,  and  on  the  second  day  of  July,  of 
each  year  after  the  sale  of  the  same;  provided,  that  the  first 
payment  of  interest  shall  be  made  on  the  second  day  of  Janu- 
ary, A.  D.  nineteen  hundred  and  ten,  on  so  many  of  said  bonds 
as  may  have  been  theretofore  sold.    At  the  expiration  of  nine-  when 

^  interest 

teen  years  from  the  date  of  said  bonds,  all  bonds  sold  shall  ^^jaii 
cease  to  bear  interest,  and  likewise  all  bonds  redeemed  by  lot 
shall  cease  to  bear  interest  as  in  this  act  provided,  and  the  said 
state  treasurer  shall  call  in,  forthwith  pay  and  cancel  the  same 
out  of  the  moneys  in  the  second  San  Francisco  seawall  sinking 
fund  provided  for  in  this  act,  and  he  shall  on  the  first  ^Monday 
of  January,  nineteen  hundred  and  twenty-eight,  also  cancel  and 
destroy  all  bonds  not  theretofore  sold.  All  bonds  issued  shall 
be  signed  by  the  governor  and  countersigned  by  the  controller, 
and  shall  be  endorsed  by  the  state  treasurer,  and  each  shall 
have  the  seal  of  the  state  stamped  thereon.  Each  bond  shall  5lus?!^*'°" 
contain  a  clause  that  it  is  subject  to  redemption  by  lot  after 
the  year  nineteen  hundred  and  eighteen. 

Sec.  2.    Interest  coupons  shall  be  attached  to  each  of  said  interest 

^  coupons. 

bonds,  so  that  such  coupons  may  be  removed  without  injury  to 
or  mutilation  of  the  bond.  Said  coupons  shall  be  consecu- 
tively numbered,  and  shall  be  signed  by  the  state  treasurer. 
But  no  interest  on  any  of  said  bonds  shall  be  paid  for  any 
time  which  may  intervene  between  the  date  of  any  of  said 
bonds  and  the  issue  and  sale  thereof  to  a  purchaser. 

Sec.  3.    The  sum  of  one  thousand  dollars  is  hereby  appro-  uwi7o^r"^" 
priated  to  pay  the  expense  that  may  be  incurred  by  the  state  Sf  blfnds!°° 
treasurer  in  having  said  bonds  prepared.    Said  amount  shall 
be  paid  out  of  the  San  Francisco  harbor  improvement  fund  on 
controller's  warrants,  duly  drawn  for  that  purpose. 

Sec.  4.    "When  the  bonds  authorized  to  be  issued  under  this  foif^at^ 
act  shall  be  duly  executed,  they  shall  be  by  the  state  treasurer  Suction, 
sold  at  public  auction  to  the  highest  bidder  for  cash,  in  such 
parcels  and  numbers  as  said  treasurer  shall  be  directed  by  the 
governor  of  the  state,  under  seal  thereof,  after  a  resolution 


102 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Publication 
of  notice 
of  sale. 


"Second 
San  Fran- 
cisco Sea- 
wall Fund" 
created. 


Sinking 
fund. 


]']mployment 
of  money  in 
sinking 
fund. 


requesting  such  sale  shall  have  been  adopted  by  the  board  of 
state  harbor  commissioners ;  but  said  treasurer  must  reject  any 
and  all  bids  for  said  bonds,  or  for  any  of  them,  which  shall  be 
below  the  par  value  of  said  bonds  so  offered ;  and  he  may,  by 
public  announcement  at  the  place  and  time  fixed  for  the  sale, 
continue  such  sale,  as  to  the  whole  of  the  bonds  offered,  or  any 
part  thereof  offered,  to  such  -time  and  place  as  he  may  select. 
Due  notice  of  the  time  and  place  of  sale  of  all  bonds  must  be 
given  by  said  treasurer  by  publication  in  two  newspapers  pub- 
lished in  the  city  and  county  of  San  Francisco,  and  also  by 
publication  in  one  newspaper  published  in  the  city  of  Oakland, 
and  by  publication  in  one  newspaper  published  in  the  city  of 
Los  Angeles,  and  by  publication  in  one  newspaper  published  in 
the  city  of  Sacramento,  once  a  week  during  four  weeks  prior  to 
such  sale.  The  costs  of  such  publication  shall  be  paid  out  of 
the  San  Francisco  harbor  improvement  fund,  on  controller's 
warrants  duly  drawn  for  that  purpose.  The  proceeds  of  the 
sale  of  such  bonds  shall  be  forthwith  paid  over  by  said  treas- 
urer into  the  treasury,  and  must  be  by  him  kept  in  a  separate 
fund  to  be  known  and  designated  as  the  ''Second  San  Fran- 
cisco Seawall  Fund,''  and  must  be  used  exclusively  for  the  con- 
struction of  wharves,  piers,  seawall,  state  railroad,  spurs  and 
appurtenances  thereto  on  the  water  front  of  the  city  and 
county  of  San  Francisco.  Drafts  and  warrants  upon  said 
fund  shall  be  drawn  upon  and  shall  be  paid  out  of  said  fund 
in  the  same  manner  as  drafts  and  warrants  are  drawn  upon 
and  paid  out  of  the  San  Francisco  harbor  improvement  fund. 

Sec.  5.  For  the  payment  of  the  principal  and  interest  of 
said  bonds  a  sinking  fund,  to  be  known  and  designated  as  the 
''Second  San  Francisco  Seawall  Sinking  Fund,"  shall  be,  and 
the  same  is  hereby  created,  as  follows,  to  wit :  The  state  treas- 
urer shall,  on  the  first  day  of  each  and  every  month  after  the 
sale  of  said  bonds,  take  from  the  San  Francisco  harbor  im- 
provement fund  said  sum  as,  multiplied  by  the  time  the  bonds 
then  sold  and  outstanding  have  to  run,  will  equal  the  principal 
of  the  bonds  sold  and  outstanding  at  the  time  said  treasurer 
shall  so  take  said  sum  from  said  San  Francisco  harbor  improve- 
ment fund,  less  the  amount  theretofore  taken  therefrom  for  said 
purpose ;  and  he  shall  place  the  sum  in  the  second  San  Fran- 
cisco seawall  sinking  fund  created  by  this  act.  Said  state  treas- 
urer shall,  on  controller's  warrants  duly  drawn  for  that  pur- 
pose, employ  the  moneys  in  said  sinking  fund  in  the  purchase 
of  bonds  of  the  United  States,  or  of  the  State  of  California,  or 


LAWS  AND  STATUTES. 


103 


of  the  several  counties  or  municipalities  of  the  State  of  Cali- 
fornia, which  said  bonds  shall  be  kept  in  a  proper  receptacle, 
appropriately  labeled;  but  he  must  keep  always  on  hand  a 
sufficient  amount  of  money  in  said  sinking  fund  with  which  to 
pay  the  interest  on  such  of  the  state  bonds  herein  provided  to 
be  issued  as  may  have  theretofore  been  sold.  And  to  provide 
means  for  the  payment  of  interest  on  the  bonds  that  may  be  p,ovision 
sold  and  outstanding,  said  treasurer  shall  monthly  take  from  ment  S' 
the  San  Francisco  harbor  improvement  fund,  and  pay  into  said 
seawall  sinking  fund,  an  amount  equal  to  the  monthly  interest 
then  due  on  all  bonds  then  sold,  delivered  and  outstanding. 
The  board  of  state  harbor  commissioners  are  hereby  authorized 
and  directed  by  the  collection  of  dockage,  tolls,  rents,  wharfage 
and  cranage  to  collect  a  sum  of  money  suiScient  for  the  pur- 
poses of  this  act,  over  and  above  the  amount  limited  by  section 
two  thousand  five  hundred  and  twenty-six  of  the  Political  Code 
of  the  State  of  California.    Between  the  first  and  tenth  dav  of  Drawings 

.  .  of  bonds  b: 

November,  m  the  year  nineteen  hundred  and  eighteen,  and  Jfempuon' 
between  the  first  and  tenth  day  of  November  of  each  year  there- 
after until  the  maturity  of  said  bonds,  the  said  treasurer  shall, 
in  the  presence  of  the  governor,  proceed  to  draw  by  lot  such  an 
amount  of  bonds  as  shall  be  requisite  to  exhaust  as  nearly  as 
may  be  the  amount  in  said  sinking  fund  at  that  time,  and  shall 
thereupon  and  before  the  tenth  day  of  December  following, 
give  notice  by  public  advertisement  to  be  inserted  twice  a  week 
for  two  weeks  in  two  newspapers  published  in  the  city  and 
county  of  San  Francisco,  and  also  in  one  newspaper  published 
in  the  city  of  Oakland,  and  also  in  one  newspaper  published 
in  the  city  of  Los  Angeles,  and  also  in  one  newspaper  pub- 
lished in  the  city  of  Sacramento,  stating  the  number  of  bonds 
so  drawn  and  that  the  principal  of  said  bonds  will  be  paid 
on  presentation  to  the  treasurer  on  or  before  the  second  day 
of  January,  following,  and  that  from  and  after  such  last- 
named  date,  all  interest  upon  bonds  thus  drawn  shall  cease,  and 
it  shall  be  the  duty  of  the  treasurer,  as  soon  as  said  bonds  so 
drawn  by  lot  are  surrendered  to  him  and  paid,  to  cancel  the 
same  and  the  interest  coupons  thereon,  and  each  year  begin- 
ning with  the  year  nineteen  hundred  and  eighteen,  the  said 
treasurer  shall,  in  the  manner  aforesaid,  proceed  to  draw  by 
lot  such  an  amount  of  bonds  as  shall  be  requisite  to  exhaust  as 
nearly  as  may  be  the  amount  in  said  sinking  fund,  and  pro- 
ceed in  the  manner  herein  above  stated.  After  the  payment 
of  all  said  bonds,  the  surplus  or  balance  remaining  in  said  sinking 

.    ,  .  ^  fund,  dis- 

smkmg  fund,  if  any  there  be,  shall  forthwith  be  paid  into  the  p°^"ionof. 


104 


BOARD  OP  STATE  HARBOR  COMMISSIONERS. 


San  Francisco  harbor  improvement  fund.  At  the  time  of  the 
respective  drawings  by  lot,  as  aforesaid,  and  also  at  the  ma- 
turity of  said  state  bonds,  said  treasurer  shall  sell  the  United 
States  or  other  bonds  then  in  said  sinking  fund,  at  governing 
market  rates,  after  advertising  the  sale  thereof  in  the  manner 
hereinbefore  provided  for  the  sale  of  bonds  hereby  authorized 
to  be  issued,  and  shall  use  the  proceeds  for  the  payment  of  such 
bonds  as  may  be  drawn  by  lot,  and  at  the  maturity  of  said 
bonds  outstanding  shall  pay  and  redeem  said  matured  out- 
standing bonds  out  of  said  moneys  in  said  fund  in  extinguish- 
ment of  said  bonds  on  controller's  warrants  duly  drawn  for 
that  purpose. 

controuer       Qec.  6.    The  statc  coutroUcr  and  the  state  treasurer  shall 
I^porfto      keep  full  and  particular  account  and  record  of  all  their  pro- 
governor,     ceedings  under  this  act,  and  they  shall  transmit  to  the  governor 
an  abstract  of  all  such  proceedings  thereunder,  with  an  annual 
report,  to  be  by  the  governor  laid  before  the  legislature  bien- 
nially ;  and  all  books  and  papers  pertaining  to  the  matter  pro- 
vided for  in  this  act  shall  at  all  times  be  open  to  the  inspection 
of  any  party  interested,  or  the  governor,  or  the  attorney  gen- 
eral, or  a  committee  of  either  branch  of  the  legislature,  or  a 
joint  committee  of  both,  or  any  citizen  of  the  state. 
Interest         Sec.  7.    It  sliall  bc  thc  duty  of  the  state  treasurer  to  pay 

payments.  ^  ^  r  *i 

the  interest  on  said  bonds  when  the  same  falls  due,  out  of  the 
sinking  fund  provided  for  in  this  act,  on  controller's  warrants 
duly  drawn  for  that  purpose, 
when^act        Sec.  8.    TMs  act,  if  adopted  by  the  people,  shall  take  effect 
effect.  thirty-first  day  of  December,  A.  D.  nineteen  hundred 

and  eight,  as  to  all  its  provisions  except  those  relating  to  and 
necessary  for  its  submission  to  the  people,  and  for  returning, 
canvassing,  and  proclaiming  the  votes,  and  as  to  said  excepted 
provisions  this  act  shall  take  effect  immediately. 
Shall  be         g^^  g     rpj^'^        shall  bc  submittcd  to  the  people  of  the 

submitted  ^  ^ 

for^raTm-  State  of  California  for  their  ratification  at  the  next  general 
election,  to  be  holden  in  the  month  of  November,  A.  D.  nine- 
teen hundred  and  eight,  and  all  ballots  at  said  election  shall 
have  printed  thereon  and  at  the  end  thereof  the  words  ^^For 
the  San  Francisco  Seawall  Act,"  and  in  a  separate  line  under 
the  same  words,  ''Against  the  San  Francisco  Seawall  Act,'' 
and  opposite  said  lines  there  shall  be  left  spaces  in  which  the 
voters  may  make  or  stamp  a  cross  to  indicate  whether  they 
vote  for  or  against  the  said  act,  and  those  voting  for  said  act 
shall  do  so  by  placing  a  cross  opposite  the  words,  ' '  For  the  San 


cation. 


LAWS  AND  STATUTES. 


105 


Francisco  Seawall  Act/'  and  all  those  voting  against  the  said 
act  shall  do  so  by  placing  a  cross  opposite  the  words,  ''Against 
the  San  Francisco  Seaw^all  Act.''  The  governor  of  this  state 
shall  include  the  submission  of  this  act  to  the  people,  as  afore- 
■"^  said,  in  his  proclamation  calling  for  said  general  election. 

Sec.  10.    The  votes  cast  for  or  against  this  act  shall  be  Tanvlss^'''^ 

of  vote 

counted,  returned  and  canvassed  and  declared  in  the  same 
manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  said  election 
as  aforesaid,  then  the  same  shall  have  effect  as  hereinbefore 
provided,  and  shall  be  irrepealable  until  the  principal  and 
interest  of  the  liabilities  herein  created  shall  be  paid  and  dis- 
charged, and  the  governor  shall  make  proclamation  thereof; 
but  if  a  majority  of  the  votes  cast  as  aforesaid  are  against  this 
act  then  the  same  shall  be  and  become  void. 

Sec.  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  ^^^^s^^^^ 
have  this  act  published  in  at  least  one  new^spaper  in  each  county^of 
county,  or  city  and  county,  if  one  be  published  therein, 
throughout  this  state,  for  three  months  next  preceding  the 
general  election  to  be  holden  in  the  month  of  November,  A.  D. 
nineteen  hundred  and  eight,  the  costs  of  publication  shall  be 
paid  out  of  the  San  Francisco  harbor  improvement  fund,  on 
controller's  warrants  duly  drawn  for  that  purpose. 

Sec.  12.    This  act  may  be  known  and  cited  as  the  ''Second  Name  of  act. 
San  Francisco  Seawall  Act." 

Sec.  13.    All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

AN  ACT 


To  authorize  certain  cities  and  cities  and  counties  to  levy  and 
collect  taxes  for  the  purpose  of  providing  a  fund  for  the 
improvement,  repair  and  maintenance  of  their  harhors,  and 
for  the  construction  of  wharves  and  piers,  seawall,  state  or 
municipal  railroad  and  spurs  there  along,  hetternients, 
appurtenances,  dredging  and  filling  necessary  in  connection 
therewith,  and  to  authorize  such  cities  and  cities  and  counties 
to  issue  and  sell  their  bonds  to  create  a  fund  for  such  repair, 
maintenance,  improvement  or  construction,  or  any  part 


106 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


harbor. 


thereof y  or  for  the  redemption,  retirement  and  cancellation 
of  any  state  bonds  now  or  hereafter  issued  and  sold  to 
create  a  fund  for  any  such  purposes. 

[Approved  May  1,  1911;  Stats.  1911,  p.  1462.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Any  city  or  city  and  county  whose  corporate 
limits  include  or  front  upon  any  harbor,  bay  or  estuary,  or 
other  navigable  water,  whether  the  tide  lands  or  water  front 
thereof  is  owned  or  controlled  by  it  or  by  the  state,  either  in 
Cities  may  wholc  Or  iu  part,  is  hereby  authorized  to  incur  an  indebtedness 
tfinw^^^  for  the  improvement,  repair  and  maintenance  of  its  harbor,  and 
for  the  erection  of  wharves,  piers,  seawall,  state  or  municipal 
railroad  and  spurs  there  along,  betterments,  appurtenances  and 
dredging  and  filling  necessary  in  connection  therewith,  and  for 
each,  any  or  all  of  said  purposes,  and  such  city  or  city  and 
county  for  the  purpose  of  providing  a  fund  or  funds  for  the 
payment  of  such  indebtedness,  is  hereby  authorized  to  levy  and 
collect  taxes  therefor  or  to  issue  and  sell  its  bonds  therefor,  or 
to  levy  and  collect  taxes  and  to  issue  and  sell  its  bonds  therefor, 
whether  the  fund  so  provided  is  now  or  hereafter  by  law  or  by 
the  charter  of  such  city  or  city  and  county,  under  the  man- 
agement and  control  of  a  state  board  of  harbor  commissioners 
or  under  the  management  and  control  of  such  city  or  city  and 
county,  or  any  officer,  board  or  department  thereof,  and  such 
city  or  city  and  county  is  also  authorized  to  issue  and  sell  its 
bonds  for  the  purpose  of  providing  a  fund  for  the  redemption, 
cancellation  and  retirement  of  any  state  bonds  now  or  here- 
after issued  and  sold  for  the  purpose  of  providing  a  fund  for 
any  improvement  or  construction  in  its  harbor  as  aforesaid. 
pSwe  ^^^*  ^'  provisions  of  law  or  of  the  charter  of  such  city 
or  city  and  county  relative  to  the  issuance  and  sale  of  the  other 
municipal  bonds  of  such  city  or  city  and  county,  and  to  the 
mode  and  manner  of  calling,  holding  and  canvassing  an  elec- 
tion authorizing  the  same,  shall  with  equal  force  apply  to  the 
issue  and  sale  of  the  bonds  hereby  authorized  and  to  the  mode 
and  manner  of  calling,  holding  and  canvassing  any  election 
with  reference  thereto. 
City  may        Sec.  3.    Whcrc  by  law  or  by  the  charter  of  such  city  or  city 

turn  over  «/  ./  ^  j 

h^rtlv""  county  the  management  and  control  and  improvement  of 

its  harbor  or  tide  lands  is  vested  in  whole  or  in  part  in  a  state 


commis 
Bioners. 


LAWS  AND  STATUTES. 


107 


board  of  harbor  commissioners,  such  city  or  city  and  county  is 
authorized  to  turn  over  to  such  state  board  of  harbor  commis- 
sioners any  fund  or  funds  which  it  may  provide  as  aforesaid, 
to  be  by  said  state  board  of  harbor  commissioners  used,  man- 
aged and  controlled  for  such  work  of  improvement,  repair, 
maintenance  and  construction  aforesaid  as  said  city  or  city  and 
county  may  lawfully  designate. 

Sec.  4.  Whenever  any  city  or  city  and  county  provides  any 
fund  under  authority  of  this  act  for  the  redemption,  cancella- 
tion or  retirement  of  any  state  bonds  hereinabove  mentioned, 
such  city  or  city  and  county  through  its  appropriate  officer  or 
officers  may  transfer  the  money  in  such  fund  to  the  state  treas- 
urer who  must  upon  its  receipt  place  the  same  in  the  appro- 
priate sinking  fund  and  apply  the  same  to  the  redemption, 
cancellation  and  retirement  of  said  state  bonds. 

Sec.  5.    This  act  shall  take  effect  immediately. 


AN  ACT 

To  provide  for  the  issuance  and  sale  of  state  honds  to  create 
a  fund  for  the  improvement  of  San  Francisco  harbor  hy 
the  construction  by  the  board  of  state  harbor  commissioners 
of  wharves,  piers,  state  railroad,  spurs,  betterments,  and 
appiirtenances  and  necessary  dredging  and  filling  in  con- 
nection therewith  in  the  city  and  county  of  San  Francisco; 
to  create  a  sinking  fund  for  the  payment  of  said  bonds;  to 
define  the  duties  of  state  officers  in  relation  thereto;  to  make 
an  appropriation  of  five  thousand  dollars  for  the  expense 
of  printing  said  bonds;  and:  to  provide  for  the  submission  of 
this  act  to  a  vote  of  the  people. 

[Approved  March  20,  1909;  Stats.  1909,  p.  522.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  folloivs: 

Section  1.  For  the  purpose  of  providing  a  fund  for  the  Harbor 
payment  of  the  indebtedness  herebv  authorized  to  be  incurred  p^ents 

^  »  ^  bonds  f( 

by  the  board  of  state  harbor  commissioners  for  the  erection  of 
wharves,  piers,  seawall,  state  railroad,  spurs,  betterments  and 
appurtenances  and  necessary  dredging  and  filling  in  connec- 
tion therewith  in  the  city  and  county  of  San  Francisco,  at  a 
cost  not  to  exceed  nine  million  dollars  (which  said  wharves, 
piers,  seawall,  state  railroad,  spurs,  betterments  and  appur- 


108 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


State  treas- 
urer to 
prepare. 


Amount 
of  issue. 


When 
payable. 


Interest 
payable, 
when. 


Interest 

ceases, 

when. 


tenances  and  necessary  dredging  and  filling  in  connection 
therewith  the  board  of  state  harbor  commissioners  are  hereby 
empowered  to  construct  and  do  in  the  manner,  authorized  by 
law,  and  at  a  cost  not  to  exceed  said  nine  million  dollars),  the 
state  treasurer  shall,  immediately  after  the  issuance  of  the 
proclamation  of  the  governor,  provided  for  in  section  10 
hereof,  prepare  nine  thousand  suitable  bonds  of  the  State  of 
California,  in  the  denomination  of  one  thousand  dollars  each. 
The  whole  issue  of  said  bonds  shall  not  exceed  the  sum  of  nine 
million  dollars,  and  said  bonds  shall  bear  interest  at  the  rate  of 
four  per  centum  per  annum,  from  the  date  of  issuance  thereof, 
and  both  principal  and  interest  shall  be  payable  in  gold  coin  of 
the  present  standard  value,  and  they  shall  be  payable  at  the 
office  of  the  state  treasurer,  at  the  expiration  of  seventy-four 
years  from  their  date,  subject,  however,  to  redemption  by  lot 
as  in  this  act  hereinafter  provided.  Said  bonds  shall  bear  date 
the  second  day  of  July,  A.  D.  nineteen  hundred  and  eleven, 
and  shall  be  made  payable  on  the  second  day  of  July,  nineteen 
hundred  and  eighty-five.  The  interest  accruing  on  such  of 
said  bonds  as  are  sold,  shall  be  due  and  payable  at  the  office  of 
the  state  treasurer  on  the  second  day  of  January,  and  on  the 
second  day  of  July,  of  each  year  after  the  sale  of  the  same; 
provided,  that  the  first  payment  of  interest  shall  be  made  on 
the  second  day  of  July,  nineteen  hundred  and  twelve,  on  so 
many  of  said  bonds  as  may  have  been  theretofore  sold.  At 
the  expiration  of  seventy-four  years  from  the  date  of  said 
bonds,  all  bonds  sold  shall  cease  to  bear  interest  and  likewise  all 
bonds  redeemed  by  lot  shall  cease  to  bear  interest  as  in  this 
act  provided,  and  the  said  state  treasurer  shall  call  in,  forth- 
with pay  and  cancel  the  same,  out  of  the  moneys  in  the  second 
San  Francisco  seawall  sinking  fund  provided  for  in  this  act, 
and,  he  shall  on  the  first  Monday  of  July,  nineteen  hundred 
and  eighty-five,  also  cancel  and  destroy  all  bonds  not  there- 
tofore sold.  All  bonds  issued  shall  be  signed  by  the  governor, 
and  countersigned  by  the  controller,  and  shall  be  endorsed  by 
the  state  treasurer  and  the  said  bonds  shall  be  so  signed,  coun- 
tersigned and  endorsed  by  the  officers  who  are  in  office  on  the 
second  day  of  July,  1911,  and  each  of  said  bonds  shall  have  the 
seal  of  the  state  stamped  thereon.  The  said  bonds  signed, 
countersigned  and  endorsed  and  sealed  as  herein  provided 
when  sold  shall  be  and  constitute  a  valid  and  binding  obliga- 
tion upon  the  State  of  California,  though  the  sale  thereof  be 
made  at  a  date  or  dates  after  the  person  signing,  countersign- 
ing and  endorsing,  or  any  or  either  of  them,  shall  have  ceased 


LAWS  AND  STATUTES. 


109 


to  be  the  incumbents  of  such  office  or  offices.    Each  bond  shall 
contain  a  clause  that  it  is  subject  to  redemption  by  lot  after  ^aybe 

.  X  ./  redeemed. 

the  year  nineteen  hundred  and  fifty. 

Sec.  2.    Interest  coupons  shall  be  attached  to  each  of  said  interest 

coupons. 

bonds,  so  that  such  coupons  may  be  removed  without  injury  to, 
or  mutilation  of  the  bond.  Said  coupons  shall  be  consecutively 
numbered,  and  shall  bear  the  lithographed  signature  of  the 
state  treasurer  who  shall  be  in  office  on  the  second  day  of  July, 
1911.  But  no  interest  on  any  of  said  bonds  shall  be  paid  for 
any  time  which  may  intervene  between  the  date  of  any  of  said 
bonds  and  the  issue  and  sale  thereof  to  a  purchaser,  unless 
such  accrued  interest  shall  have  been,  by  the  purchaser  of  said 
bond,  paid  to  the  state  at  the  time  of  such  sale. 

Sec.  3.    The  sum  of  five  thousand  dollars  is  hereby  appro-  ^ppropria- 
priated  to  pay  the  expense  that  may  be  incurred  by  the  state  Ko'ij?°" 
treasurer  in  having  said  bonds  prepared.    Said  amount  shall 
be  paid  out  of  the  San  Francisco  harbor  improvement  fund  on 
controller's  warrants,  duly  drawn  for  that  purpose. 

Sec.  4.  When  the  bonds  authorized  to  be  issued  under  this  ^^^f 
act  shall  be  duly  executed,  they  shall  be  by  the  state  treasurer 
sold  at  public  auction  to  the  highest  bidder  for  cash,  in  such 
parcels  and  numbers  as  said  treasurer  shall  be  directed  by  the 
governor  of  the  state,  under  seal  thereof,  after  a  resolution 
requesting  such  sale  shall  have  been  adopted  by  the  board  of 
state  harbor  commissioners,  and  approved  by  either  the  gov- 
ernor of  the  state  or  mayor  of  the  city  and  county  of  San  Fran- 
cisco, who  shall  only  approve  the  same  when  in  their  judgment 
the  actual  harbor  receipts,  and  those  reasonably  anticipated, 
will  justify  such  sale  of  bonds  and  the  consequent  increased 
burden  on  harbor  receipts ;  but  said  treasurer  must  reject  any 
and  all  bids  for  said  bonds,  or  for  any  of  them,  which  shall  be 
below  the  par  value  of  said  bonds  so  offered  plus  the  interest 
which  has  accrued  thereon  between  the  date  of  sale  and  the 
last  preceding  interest  maturity  date ;  and  he  may,  by  public 
announcement  at  the  place  and  time  fixed  for  the  sale,  continue 
such  sale,  as  to  the  whole  of  the  bonds  offered,  or  any  part 
thereof  offered,  to  such  time  and  place  as  he  may  select.  o 
Before  offering  any  of  said  bonds  for  sale  the  said  treasurer 
shall  detach  therefrom  all  coupons  which  have  matured  or  will 
mature  before  the  date  fixed  for  such  sale.    Due  notice  of  the 

Publication 

time  and  place  of  sale  of  all  bonds  must  be  given  by  said 
treasurer  by  publication  in  two  newspapers  published  in  the 
city  and  county  of  San  Francisco,  and  also  by  publication  in 
one  newspaper  published  in  the  city  of  Oakland,  and  by  publi- 


110 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Disposition 
of  proceeds 
of  sale. 


Sinking 
fund. 


cation  in  one  newspaper  published  in  the  city  of  Los  Angeles, 
and  by  publication  in  one  newspaper  published  in  the  city  of 
Sacramento,  once  a  week  during  four  weeks  prior  to  such  sale. 
In  addition  to  the  notice  last  above  provided  for,  the  state 
treasurer  may  give  such  further  notice  as  he  may  deem  advis- 
able, but  the  expenses  and  cost  of  such  additional  notice  shall 
not  exceed  the  sum  of  five  hundred  dollars  ($500.00)  for  each 
sale  so  advertised.  The  cost  of  such  publication  shall  be  paid 
out  of  the  San  Francisco  harbor  improvement  fund,  on  con- 
troller 's  warrants  duly  drawn  for  that  purpose.  The  proceeds 
of  the  sale  of  such  bonds  except  such  amount  as  may  have  been 
paid  as  accrued  interest  thereon  shall  be  forthwith  paid  over  by 
said  treasurer  into  the  treasury,  and  must  be  by  him  kept  in  a 
separate  fund-to  be  known  and  designated  as  the  ^'Second  San 
Francisco  Seawall  Fund^'  and  must  be  used  exclusively  for  the 
construction  of  wharves,  piers,  seawall,  state  railroad,  spurs, 
betterments  and  appurtenances  and  necessary  dredging  and 
filling  in  connection  therewith  on  the  water  front  of  the  city 
and  county  of  San  Francisco.  Drafts  and  warrants  upon  said 
fund  shall  be  drawn  upon  and  shall  be  paid  out  of  said  fund 
in  the  same  manner  as  drafts  and  warrants  are  drawn  upon 
and  paid  out  of  the  San  Francisco  harbor  improvement  fund. 
The  amount  that  shall  have  been  paid  at  the  sale  of  said  bonds 
as  accrued  interest  on  the  bonds  sold  shall  be,  by  the  state 
treasurer,  immediately  after  such  sale,  paid  into  the  treasury 
of  the  state  and  placed  in  the  ' '  Second  San  Francisco  Seawall 
Sinking  Fund.'' 

Sec.  5.  For  the  payment  of  the  principal  and  interest  of 
said  bonds  a  sinking  fund,  to  be  known  and  designated  as  the 
'^Second  San  Francisco  Seawall  Sinking  Fund"  shall  be,  and 
the  same  is  hereby  created,  as  follows,  to  wit :  The  state  treas- 
urer, after  the  second  day  of  July,  nineteen  hundred  and 
twenty-nine,  shall  on  the  first  day  of  each  and  every  month 
thereafter,  after  the  sale  of  said  bonds,  take  from  the  San 
Francisco  harbor  improvement  fund  such  sum  as,  multiplied 
by  the  time  in  months,  the  bonds  then  sold  and  outstanding 
have  to  run,  will  equal  the  principal  of  the  bonds  sold  and  out- 
standing at  the  time  said  treasurer  shall  so  take  said  sum  from 
said  San  Francisco  harbor  improvement  fund,  less  the  amount 
theretofore  taken  therefrom  for  said  purpose;  and  he  shall 
place  the  sum  in  the  second  San  Francisco  seawall  sinking 
fund  created  by  this  act.    Said  state  treasurer  shall,  on  con- 


LAWS  AND  STATUTES. 


Ill 


troUer's  warrants  duly  drawn  for  that  purpose,  employ  the  S°f' 
moneys  in  said  sinking  fund  in  the  purchase  of  bonds  of  the  sSng''' 
United  States,  or  of  the  State  of  California,  or  of  the  several 
counties  or  municipalities  of  the  State  of  Cafifornia,  which 
said  bonds  shall  be  kept  in  a  proper  receptacle,  appropriately 
labeled ;  but  he  must  keep  always  on  hand  a  sufficient  amount 
of  money  in  said  sinking  fund  with  which  to  pay  the  interest 
on  such  of  the  state  bonds  herein  provided  to  be  issued  as  may 
have  theretofore  been  sold.    And  to  provide  means  for  the  Provisions 

J.      i?   •    .  i  i  1       -.        -,       ,  paymen 

payment  ot  interest  on  the  bonds  that  may  be  sold  and  out- 
standing,  said  treasurer  shall  monthly  take  from  the  San  Fran- 
cisco harbor  improvement  fund,  and  pay  into  said  seawall  sink- 
ing fund,  an  amount  equal  to  the  monthly  interest  then  due  on 
all  bonds  then  sold,  delivered  and  outstanding.  The  board  of 
state  harbor  commissioners  are  hereby  authorized  and  directed 
by  the  collection  of  dockage,  tolls,  rents,  wharfage  and  cranage 
to  collect  a  sum  of  money  sufficient  for  the  purposes  of  this  act, 
over  and  above  the  amount  limited  by  section  two  thousand 
five  hundred  and  twenty-six  of  the  Political  Code  of  the  State 
of  California.  Between  the  first  and  tenth  day  of  May,  in  the  Drawing  of 
year  nineteen  hundred  and  fifty-one  and  between  the  first  and  ^ot'^^^^^ 

,     -.  r?  i\  /I-  a  redemption. 

tenth  day  ot  May  of  each  year  thereafter  until  the  maturity  of 
said  bonds,  the  said  treasurer  shall,  in  the  presence  of  the  gov- 
ernor, proceed  to  draw  by  lot  such  an  amount  of  bonds  as  shall 
be  requisite  to  exhaust  as  nearly  as  may  be  the  amount  in  said 
sinking  fund  at  that  time,  and  shall  thereupon  and  before  the 
tenth  day  of  June  following,  give  notice  by  public  advertise- 
ment to  be  inserted  twice  a  week  for  two  weeks  in  two  news- 
papers published  in  the  city  and  county  of  San  Francisco,  and 
also  in  one  newspaper  published  in  the  city  of  Oakland,  and 
also  in  one  newspaper  published  in  the  city  of  Los  Angeles,  and 
also  in  one  newspaper  published  in  the  city  of  Sacramento, 
stating  the  number  of  bonds  so  drawn  and  that  the  principal 
of  said  bonds  will  be  paid  on  presentation  to  the  treasurer  on 
or  before  the  second  day  of  July,  following,  and  that  from  and 
after  such  last  named  date,  all  interest  upon  bonds  thus  drawn 
shall  cease,  and  it  shall  be  the  duty  of  the  treasurer  as  soon  as 
said  bonds  so  dra^vn  by  lot  are  surrendered  to  him  and  paid  to 
cancel  the  same,  and  the  interest  coupons  thereon,  and  each 
year  beginning  with  the  year  nineteen  hundred  and  fifty-one, 
the  said  treasurer  shall,  in  the  manner  aforesaid,  proceed  to 
draw  by  lot  such  an  amount  of  bonds  as  shall  be  requisite  to 
exhaust  as  nearly  as  may  be  the  amount  in  said  sinking  fund. 


112 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Surplus, 
disposi- 
tion of. 


Controller 
and  treas- 
urer to. 
report  to 
governor. 


Payment  of 
interest. 


When  act 
to  take 
effect. 


Shall  be 
submitted 
to  people 
for  i-atifica- 
tion. 


and  proceed  in  the  manner  hereinabove  stated.  After  the  pay- 
ment of  all  said  bonds,  the  surplus  or  balance  remaining  in  said 
sinking  fund,  if  any  there  be,  shall  forthwith  be  paid  into  the 
San  Francisco  l^arbor  improvement  fund.  At  the  time  of  the 
respective  drawings  by  lot,  as  aforesaid,  and  also  at  the  matur- 
ity of  said  state  bonds,  said  treasurer  shall  sell  the  United 
States  or  other  bonds  then  in  said  sinking  fund,  at  governing 
market  rates,  after  advertising  the  sale  thereof  in  the  manner 
hereinbefore  provided  for  the  sale  of  bonds  hereby  authorized 
to  be  issued,  and  shall  use  the  proceeds  for  the  payment  of 
such  bonds  as  may  be  drawn  by  lot,  and  at  the  maturity  of 
said  bonds  outstanding  shall  pay  and  redeem  said  matured 
outstanding  bonds  out  of  said  moneys  in  said  fund  in  extin- 
guishment of  said  bonds  on  controller's  warrants  duly  drawn 
for  that  purpose. 

Sec.  6.  The  state  controller  and  the  state  treasurer  shall 
keep  full  and  particular  account  and  record  of  all  their  pro- 
ceedings under  this  act,  and  they  shall  transmit  to  the  governor 
an  abstract  of  all  such  proceedings  thereunder,  with  an  annual 
report,  to  be  by  the  governor  laid  before  the  legislature  bien- 
nially ;  and  all  books  and  papers  pertaining  to  the  matter  pro- 
vided for  in  this  act  shall  at  all  times  be  open  to  the  inspection 
of  any  party  interested,  or  the  governor,  or  the  attorney  gen- 
eral, or  a  committee  of  either  branch  of  the  legislature,  or  a 
joint  committee  of  both,  or  any  citizen  of  the  state. 

Sec.  7.  It  shall  be  the  duty  of  the  state  treasurer  to  pay 
the  interest  of  said  bonds,  when  the  same  falls  due,  out  of  the 
sinking  fund  provided  for  in  this  act,  on  controller's  warrants 
duly  drawn  for  that  purpose. 

Sec.  8.  This  act,  if  adopted  by  the  people,  shall  take  effect 
on  the  thirty-first  day  of  December,  nineteen  hundred  and  ten, 
as  to  all  its  provisions  except  those  relating  to  and  necessary 
for  its  submission  to  the  people,  and  for  returning,  convassing, 
and  proclaiming  the  votes,  and  as  to  said  excepted  provisions 
this  act  shall  take  effect  immediately. 

Sec.  9.  This  act  shall  be  submitted  to  the  people  of  the 
State  of  California  for  their  ratification  at  the  next  general 
election,  to  be  holden  in  the  month  of  November,  nineteen  hun- 
dred and  ten,  and  all  ballots  at  said  election  shall  have  printed 
thereon  and  at  the  end  thereof,  the  words,  ' '  For  the  San  Fran- 
cisco Harbor  Improvement  Act  of  1909,"  and  in  the  same 
square  under  said  words  the  following,  in  brevier  type:  ''This 
act  provides  for  the  improvement  of  San  Francisco  harbor  and 
for  the  payment  of  all  costs  thereof  out  of  San  Francisco  Har- 


LAWS  AND  STATUTES. 


113 


bor  Improvement  Fund.''  In  the  square  immediately  below 
the  square  containing  said  words,  there  shall  be  printed  on 
said  ballot  the  words:  ''Against  the  San  Francisco  Harbor 
Improvement  Act  of  1909/'  and  immediately  below  said  words 
^'Against  the  San  Francisco  Harbor  Improvement  Act  of 
1909"  in  brevier  type  shall  be  printed  ''This  act  provides  for 
the  improvement  of  San  Francisco  harbor  and  for  the  payment 
of  all  costs  thereof  out  of  the  San  Francisco  Harbor  Improve- 
ment Fund."  Opposite  the  words  "For  the  San  Francisco 
Harbor  Improvement  Act  of  1909"  and  "Against  the  San 
Francisco  Harbor  Improvement  Act  of  1909,"  there  shall  be 
left  spaces  in  which  the  voters  may  make  or  stamp  a  cross  to 
indicate  whether  they  vote  for  or  against  said  act,  and  those 
voting  for  said  act  shall  do  so  by  placing  a  cross  opposite  the 
words  "For  the  San  Francisco  Harbor  Improvement  Act  of 
1909,"  and  all  those  voting  against  the  said  act  shall  do  so  by 
placing  a  cross  opposite  the  words  "Against  the  San  Francisco 
Harbor  Improvement  Act  of  1909."  The  governor  of  this 
state  shall  include  the  submission  of  this  act  to  the  people,  as 
aforesaid,  in  his  proclamation  calling  for  said  general  election. 

Sec.  10.  The  votes  cast  for  or  against  this  act  shall  be  otvlti! 
counted,  returned  and  canvassed  and  declared  in  the  same 
manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  said  election 
as  aforesaid,  then  the  same  shall  have  effect  as  hereinbefore 
provided,  and  shall  be  irrepealable  until  the  principal  and 
interest  of  the  liabilities  herein  created  shall  be  paid  and  dis- 
charged, and  the  governor  shall  make  proclamation  thereof; 
but  if  a  majority  of  the  votes  cast  as  aforesaid  are  against  this 
act  then  the  same  shall  be  and  become  void. 

Sec.  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  of'act'by'"'' 
have  this  act  published  in  at  least  one  newspaper  in  each  ofstatT 
county,  or  city  and  county,  if  one  be  published  therein, 
throughout  this  state,  for  three  months  next  preceding  the  gen- 
eral election  to  be  holden  in  the  month  of  November,  nineteen 
hundred  and  ten,  the  costs  of  publication  shall  be  paid  out  of 
the  San  Francisco  harbor  improvement  fund,  on  controller's 
warrants  duly  drawn  for  that  purpose. 

Sec.  12.    This  act  may  be  known  and  cited  as  the  "San  Name 
Francisco  Harbor  Improvement  Act  of  1909." 

Sec.  13.    All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


8—11204 


114 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 

To  provide  for  the  transfer  from  the  general  fund  of  the  state 
treasury  to  the  San  Francisco  harbor  improvement  fund  of 
the  sum  of  tiventy-two  thousand  nine  hundred  and  thirty- 
seven  dollars  and  forty-fi^ve  cents,  to  reimburse  said  San 
Francisco  harbor  improvement  fund  for  the  costs  of  pub- 
lishing the  Second  San  Francisco  Seawall  Act,''  and  the 
^^India  Basin  Act/'  and  directing  the  state  controller  and 
state  treasurer  to  make  such  transfer. 

[Approved  April  14,  1909;  Stats.  1909,  p.  895.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Transfer         SECTION  1.    THe  statc  Controller  and  the  state  treasurer  are 

of  funds. 

hereby  directed  to  transfer  from  the  general  fund  of  the  state 
treasury  to  the  San  Francisco  harbor  improvement  fund  the 
sum  of  twenty-two  thousand  nine  hundred  and  thirty-seven 
dollars  and  forty -five  cents  ($22,937.45),  which  sum  was  paid 
by  the  board  of  state  harbor  commissioners  on  the  fourth  day 
of  December,  1908,  out  of  the  San  Francisco  harbor  improve- 
ment fund  in  payment  of  the  costs  of  publication  of  the 
Second  San  Francisco  Seawall  Act"  and  the  India  Basin 
Act, ' '  prior  to  the  submission  of  said  acts  to  the  people  of  the 
State  of  California  for  their  ratification  at  the  general  election 
held  on  November  3,  1908. 


LAWS  AND  STATUTES. 


115 


AN  ACT 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  acquisition  by  the  board  of  state  harbor  com- 
missioners, of  a  necessary  area  for  a  tidal  basin,  for  ivharves, 
docks,  piers,  harbors  and  appurtenances,  in  the  city  and 
county  of  San  Francisco;  to  create  a  sinking  fund  for  the 
payment  of  said  bonds;  and  defining  the  duties  of  state  offi- 
cers in  relation  thereto;  making  an  appropriation  of  one 
thousand  dollars  for  the  expense  of  printing  said  bonds;  and 
providing  for  the  submission  of  this  act  to  a  vote  of  the 
people. 

[Approved  March  24,  1909;  Stats.  1909,  p.  713.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  folloivs: 

Section  1.  For  the  purpose  of  providing  a  fund  for  the  fo^PJi^^jd"^ 
payment  of  the  indebtedness  authorized  to  be  incurred  by  the  fngS-^a^'o 
board  of  state  harbor  commissioners  for  the  acquisition  of  the 
necessary  area  for  a  tidal  basin,  extending  the  area  of  India 
basin,  on  the  water  front  of  the  city  and  county  of  San  Fran- 
cisco, as  provided  in  an  act  entitled:  ''An  act  to  authorize  and 
direct  the  board  of  state  harbor  commissioners  to  institute  con- 
demnation proceedings  against  certain  property  north  of  India 
basin,  and  extending  to  Islais  creek  in  the  city  and  county 
of  San  Francisco,  and  extending  the  jurisdiction  of  said  board 
over  the  same,  and  providing  for  the  payment  of  judgments 
from  the  proceeds  of  bonds  issued  and  sold  under  the  pro- 
visions of  an  act  entitled  'An  act  to  provide  for  the  issuance 
and  sale  of  state  bonds  to  create  a  fund  for  the  acquisition  by 
the  board  of  state  harbor  commissioners,  of  a  necessary  area 
for  a  tidal  basin,  for  wharves,  docks,  piers,  harbors  and  appur- 
tenances, in  the  city  and  county  of  San  Francisco ;  to  create  a 
sinking  fund  for  the  payment  of  said  bonds ;  and  defining  the 
duties  of  state  officers  in  relation  thereto;  making  an  appro- 
priation of  one  thousand  dollars  for  the  expense  of  printing 
said  bonds;  and  providing  for  the  submission  of  this  act  to  a 
vote  of  the  people,^  the  state  treasurer  shall,  immediately 
after  the  issuance  of  the  proclamation  of  the  governor,  pro- 
vided for  in  section  10  hereof,  prepare  one  thousand  suitable 
bonds  of  the  State  of  California,  in  the  denomination  of  one 
thousand  dollars  each.  The  whole  issue  of  said  bonds  shall  not  ^o^^^^- 
exceed  the  sum  of  one  million  dollars,  and  said  bonds  shall  bear 


116 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


When 
payable. 


Interest 

ceases, 

when. 


Redemption 
clause. 


Interest 
coupons. 


Appropria- 
tion for 
preparation 
of  bonds. 


Shall  be 
sold  at 
public 
auction. 


interest  at  the  rate  of  four  per  centum  per  annum,  from  the 
time  of  the  sale  thereof,  and  both  principal  and  interest  shall 
be  payable  in  gold  coin  of  the  present  standard  value,  and  they 
shall  be  payable  at  the  office  of  the  state  treasurer,  at  the  expi- 
ration of  seventy-four  years  from  their  date,  subject,  however, 
to  redemption  by  lot  as  in  this  act  hereinafter  provided.  Said 
bonds  shall  bear  date  the  second  day  of  January,  A.  D.  1911, 
and  shall  be  made  payable  on  the  second  day  of  January, 
A.  D.  1985.  The  interest  accruing  on  such  of  said  bonds  as 
are  sold,  shall  be  due  and  payable  at  the  office  of  the  state 
treasurer,  on  the  second  day  of  January,  and  on  the  second 
day  of  July,  of  each  year  after  the  sale  of  the  same ;  provided, 
that  the  first  payment  of  interest  shall  be  made  on  the  second 
day  of  January,  A.  D.  1912,  on  so  many  of  said  bonds  as  may 
have  been  theretofore  sold.  At  the  expiration  of  seventy-four 
years  from  the  date  of  said  bonds,  all  bonds  sold  shall  cease  to 
bear  interest,  and  likewise  all  bonds  redeemed  by  lot  shall  cease 
to  bear  interest,  as  in  this  act  provided,  and  the  said  state  treas- 
urer shall  call  in,  forthwith  pay  and  cancel  the  same,  out  of 
moneys  in  the  ' '  India  Basin  Sinking  Fund, ' '  provided  for  in 
this  act,  and  he  shall  on  the  first  Monday  of  January,  A.  D. 
1985,  also  cancel  and  destroy  all  l3onds  not  theretofore  sold. 
All  bonds  issued  shall  be  signed  by  the  governor,  and  counter- 
signed by  the  controller,  and  shall  be  endorsed  by  the  state 
treasurer,  and  each  shall  have  the  seal  of  the  state  stamped 
thereon.  Each  bond  shall  contain  a  clause  that  it  is  subject  to 
redemption  by  lot  after  the  year  nineteen  hundred  and  thirty- 
nine. 

Sec.  2.  Interest  coupons  shall  be  attached  to  each  of  said 
bonds,  so  that  such  coupons  may  be  removed  without  injury  to 
or  mutilation  of  the  bond.  Said  coupons  shall  be  consecutively 
numbered,  and  shall  be  signed  by  the  state  treasurer.  But  no 
interest  on  any  of  said  bonds  shall  be  paid  for  any  time  which 
may  intervene  between  the  date  of  any  of  said  bonds,  and  the 
issue  and  sale  thereof  to  a  purchaser. 

Sec.  3.  The  sum  of  one  thousand  dollars  is  hereby  appro- 
priated to  pay  the  expense  that  may  be  incurred  by  the  state 
treasurer  in  having  said  bonds  prepared.  Said  amount  shall 
be  paid  out  of  the  '^San  Francisco  Harbor  Improvement 
Fund,''  on  controller's  warrants,  duly  drawn  for  that  purpose. 

Sec.  4.  "When  the  bonds  authorized  to  be  issued  under  this 
act  shall  be  duly  executed,  they  shall  be  sold  by  the  state  treas- 
urer at  public  auction  to  the  highest  bidder  for  cash,  in  such 


LAWS  AND  STATUTES. 


117 


parcels  and  numbers  as  said  state  treasurer  shall  deterniine; 
but  said  treasurer  must  reject  any  and  all  bids  for  said  bonds, 
or  for  any  of  them,  which  shall  be  below  the  par  value  of  said 
bonds  so  offered  for  sale,  and  he  may  by  public  announcement 
at  the  place  and  time  fixed  for  the  sale,  for  good  and  sufficient 
cause,  continue  such  sale  as  to  the  whole  of  the  bonds  offered 
or  any  part  thereof  offered,  to  such  time  and  place  as  he  may 
select,  not  exceeding,  however,  sixty  days.  Due  notice  of  the  ^^'^If^H'"''' 
time  and  place  of  sale  of  all  bonds,  and  of  the  postponement 
of  sale  thereof,  must  be  given  by  said  treasurer  by  publication 
in  two  newspapers  published  in  the  city  and  county  of  San 
Francisco,  and  also  by  publication  in  one  newspaper  published 
in  the  city  of  Oakland,  and  by  publication  in  one  newspaper 
published  in  the  city  of  Los  Angeles,  and  by  publication  in  one 
newspaper  published  in  the  city  of  Sacramento,  once  a  week 
during  four  weeks  prior  to  such  sale.  The  costs  of  such  publi- 
cation shall  be  paid  out  of  the  ''San  Francisco  Harbor  Im- 
provement Fund'^  on  controller's  warrants,  duly  drawn  for 
that  purpose.  The  proceeds  of  the  sale  of  such  bonds  shall  be  ?/p^rSSeds 
forthwith  paid  over  by  said  treasurer  into  the  treasury,  and  °^ 
must  be  by  him  kept  in  a  separate  fund  to  be  known  and  desig- 
nated as  the  ' '  India  Basin  Fund, ' '  and  must  be  used  exclusively 
for  the  acquisition  of  the  area  described  in  the  act  referred  to 
in  section  1  hereof.  Drafts  and  warrants  upon  said  fund  shall 
be  drawn  upon  and  shall  be  paid  out  of  said  fund  in  the  same 
manner  as  drafts  and  warrants  are  drawn  upon  and  paid  out 
of  the  ' '  San  Francisco  Harbor  Improvement  Fund. ' ' 

Sec.  5.  For  the  payment  of  the  principal  and  interest  of  f^lf^^ 
said  bonds  a  sinking  fund  to  be  known  and  designated  as  the 
''India  Basin  Sinking  Fund"  shall  be,  and  the  same  is  hereby 
created  as  follows,  to  wit:  The  state  treasurer  shall,  on  the 
first  day  of  each  and  every  month,  after  the  second  day  of 
December,  A.  D.  1928,  take  from  the  "San  Francisco  Harbor 
Improvement  Fund, ' '  such  sum  as,  multiplied  by  the  time  the 
bonds  then  sold  and  outstanding  have  to  run,  will  equal  the 
principal  of  the  bonds  sold  and  outstanding  at  the  time  said 
treasurer  shall  so  take  said  sum  from  said  "San  Francisco 
Harbor  Improvement  Fund,''  less  the  amount  theretofore 
taken  therefrom  for  said  purpose ;  and  he  shall  place  the  sum 
in  the  "India  Basin  Sinking  Fund,"  created  by  this  act.  Said 
state  treasurer  shall,  on  controller's  warrants,  duly  drawn  for  Employment 

,  ,  .  .  of  sinldng 

that  purpose,  employ  the  moneys  m  said  sinking  fund  in  the  ^i^f.y^ 
purchase  of  bonds  of  the  United  States,  or  of  the  State  of  Cali- 
fornia, or  of  the  several  counties  or  municipalities  of  the  State 


118 


BOx\RD  OF  STATfi  HARBOR  COMMISSIONERS. 


Collection 
of  dockage. 


Hedemption 
■of  bonds 
S)y  lot. 


Public 
notice. 


Surplas  in 
sinking 
fund,  dis- 
position of. 


of  California,  which  said  bonds  shall  be  kept  in  a  proper  recep- 
tacle, appropriately  labeled ;  but  he  must  al"ways  keep  on  hand 
a  sufficient  amount  of  money  in  said  sinking  fund  with  which 
to  pay  the  interest  on  such  of  the  state  bonds  herein  provided 
to  be  issued  as  may  have  theretofore  been  sold ;  and  to  provide 
means  for  the  payment  of  interest  on  the  bonds  that  may  be 
sold  and  outstanding,  said  treasurer  shall  monthly  take  from 
the  ^'San  Francisco  Harbor  Improvement  Fund,"  and  pay 
into  said  ''India  Basin  Sinking  Fund,"  an  amount  equal  to 
the  monthly  interest  then  due  on  all  bonds  then  sold,  delivered 
and  outstanding.  The  board  of  state  harbor  commissioners  is 
hereby  authorized  and  directed  by  the  collection  of  dockage, 
tolls,  rents,  wharfage  and  cranage,  to  collect  a  sum  of  money 
sufficient  for  the  purposes  of  this  act,  over  and  above  the 
amount  limited  by  section  two  thousand  five  hundred  and 
twenty-six  of  the  Political  Code  of  the  State  of  California. 
Between  the  first  and  tenth  day  of  November,  in  the  year  nine- 
teen hundred  and  forty,  and  between  the  first  and  tenth  day  of 
November  of  each  year  thereafter,  until  the  maturity  of  said 
bonds,  the  said  treasurer  shall,  in  the  presence  of  the  governor, 
proceed  to  draw  by  lot  such  an  amount  of  bonds  as  shall  be 
requisite  to  exhaust  as  nearly  as  may  be,  the  amount  in  said 
sinking  fund  at  that  time,  and  shall  thereupon  and  before  the 
tenth  day  of  December  following,  give  notice  by  public  adver- 
tisement to  be  inserted  twice  a  week  for  two  weeks  in  two 
newspapers  published  in  the  city  and  county  of  San  Francisco, 
and  also  in  one  newspaper  published  in  the  city  of  Oakland, 
and  also  in  one  newspaper  published  in  the  city  of  Los  Angeles, 
and  also  in  one  newspaper  published  in  the  city  of  Sacramento, 
stating  the  number  of  bonds  so  drawn,  and  that  the  principal 
of  said  bonds  shall  be  paid  on  presentation  to  the  treasurer  on 
or  before  the  second  day  of  January,  following,  and  that  from 
and  after  such  last  named  date,  all  interest  upon  bonds  thus 
drawn  shall  cease,  and  it  shall  be  the  duty  of  the  treasurer  as 
soon  as  said  bonds  so  drawn  by  lot  are  surrendered  to  him  and 
paid,  to  cancel  the  same,  and  the  interest  coupons  thereon,  and 
each  year  beginning  with  the  year  nineteen  hundred  and  forty, 
the  said  treasurer  shall,  in  the  manner  aforesaid,  proceed  to 
draw  by  lot  such  an  amount  of  bonds  as  shall  be  requisite  to 
exhaust  as  nearly  as  may  be  the  amount  in  said  sinking  fund, 
and  proceed  in  the  manner  hereinabove  stated.  After  the  pay- 
ment of  all  said  bonds,  the  surplus  or  balance  remaining  in 
said  sinking  fund,  if  any  there  be,  shall  forthwith  be  paid  into 
the  ''San  Francisco  Harbor  Improvement  Fund."    At  the 


LAWS  AND  STATUTES. 


119 


time  of  the  respective  drawings  by  lot,  as  aforesaid,  and  also  at 
the  maturity  of  said  state  bonds,  said  treasurer  shall  sell  the 
United  States  bonds,  or  other  bonds,  then  in  said  sinking  fund, 
at  governing  market  rates,  after  advertising  the  sale  thereof, 
in  the  manner  hereinbefore  provided  for  the  sale  of  bonds 
hereby  authorized  to  be  issued,  and  shall  use  the  proceeds  for 
the  payment  of  such  bonds  as  may  be  drawn  by  lot,  and  at  the 
maturity  of  said  bonds  outstanding  shall  pay  and  redeem  said 
matured  outstanding  bonds,  out  of  said  money  in  said  fund,  in 
extinguishment  of  said  bonds,  on  controller's  warrants,  duly 
drawn  for  that  purpose. 

Sec.  6.  The  state  controller  and  the  state  treasurer  shall  J^f^^'emo/'' 
keep  full  and  particular  account  and  record  of  all  of  their 
proceedings  under  this  act,  and  they  shall  transmit  to  the  gov- 
ernor an  abstract  of  all  such  proceedings  thereunder,  with  an 
annual  report  to  be  by  the  governor  laid  before  the  legislature 
biennially;  and  all  books  and  papers  pertaining  to  the  matter 
provided  for  in  this  act  shall  at  all  times  be  open  to  the  inspec- 
tion of  any  party  interested,  or  the  governor,  or  the  attorney 
general,  or  a  committee  of  either  branch  of  the  legislature,  or  a 
joint  committee  of  both,  or  any  citizen  of  the  state. 

Sec.  7.    It  shall  be  the  duty  of  the  state  treasurer  to  pay  interest 

^  payments. 

the  interest  of  said  bonds  when  the  same  falls  due,  out  of  the 
sinking  fund  provided  for  in  this  act,  on  controller's  warrants 
duly  drawn  for  that  purpose. 

Sec.  8.  This  act,  if  adopted  by  the  people,  shall  take  effect 
on  the  thirty-first  day  of  December,  A.  D.  nineteen  hundred 
and  ten,  as  to  all  its  provisions  except  those  relating  to  and 
necessary  for  its  submission  to  the  people,  and  for  returning, 
canvassing  and  proclaiming  the  votes,  and  as  to  said  excepted 
provisions  this  act  shall  take  effect  immediately. 

Sec.  9.    This  act  shall  be  submitted  to  the  people  of  the  to  be 

^       ^  submitted 

election  to  be  holden  in  the  month  of  November,  A.  D.  nineteen  ^^^^^^f^^ 
State  of  California,  for  their  ratification  at  the  next  general 
hundred  and  ten,  and  all  ballots  at  said  election  shall  have 
printed  thereon  the  words  ' '  For  the  India  Basin  Act, ' '  and  in 
the  same  square,  under  said  words,  the  following  in  brevier 
type :  ^  ^  This  act  provides  for  the  acquisition  of  a  tidal  basin  in 
the  bay  of  San  Francisco  for  harbor  purposes,  and  for  the  pay- 
ment of  all  costs  thereof,  out  of  the  'San  Francisco  Harbor 
Improvement  Fund.'  "  In  the  square  immediately  below  the 
square  containing  said  words,  there  shall  be  printed  on  said 
ballot  the  words  ''Against  the  India  Basin  Act,''  and  imme- 


120 


BOARD  OP  STATE  HARBOR  COMMISSIONERS. 


Return  and 
canvass 
of  votes. 


Secretary 
of  state  to 
publish  act 


Name 
of  act. 


diately  below  said  words  ''Against  the  India  Basin  Act/'  in 
brevier  type,  shall  be  printed:  ''This  act  provides  for  the 
acquisition  of  a  tidal  basin  in  the  bay  of  San  Francisco,  for 
harbor  purposes,  and  for  the  payment  of  all  costs  thereof,  out 
of  the  '  San  Francisco  Harbor  Improvement  Fund. '  ' '  Opposite 
the  words  "For  the  India  Basin  Act,''  and  "Against  the  India 
Basin  Act, ' '  there  shall  be  left  spaces  in  which  the  voters  may 
make  or  stamp  a  cross  to  indicate  whether  they  vote  for  or 
against  said  act,  and  those  voting  for  said  act  shall  do  so  by 
placing  a  cross  opposite  the  words  "For  the  India  Basin 
Act,"  and  those  voting  against  said  act  shall  do  so  by  placing 
a  cross  opposite  the  words  "Against  the  India  Basin  Act." 
The  governor  of  this  state  shall  include  the  submission  of  this 
act  to  the  people,  as  aforesaid,  in  his  proclamation  calling  for 
said  general  election. 

Sec.  10.  The  vote  cast  for  or  against  this  act  shall  be 
counted,  returned  and  canvassed  and  declared  in  the  same 
manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers ;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  said  election, 
as  aforesaid,  then  the  same  shall  have  effect  as  hereinabove  pro- 
vided, and  shall  be  irrepealable  until  the  principal  and  interest 
of  the  liabilities  herein  created  shall  be  paid  and  discharged, 
and  the  governor  shall  make  proclamation  thereof;  but  if  a 
majority  of  the  votes  cast,  as  aforesaid,  are  against  this  act, 
then  the  same  shall  be  and  become  void. 

Sec.  11.  It  shall  be  the  duty  of  the  secretary  of  state  to 
have  this  act  published  in  at  least  one  newspaper  in  each 
county,  or  city  and  county,  if  one  be  published  therein, 
throughout  this  state,  for  three  months  next  preceding  the 
general  election  to  be  holden  in  the  month  of  November,  A.  D. 
nineteen  hundred  and  ten;  the  costs  of  publication  shall  be 
paid  out  of  the  general  fund,  on  controller's  warrants,  duly 
drawn  for  that  purpose. 

Sec.  12.  This  act  shall  be  known  and  cited  as  the  "India 
Basin  Act." 

Sec.  13.  All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


LAWS  AND  STATUTES. 


121 


AN  ACT 

To  authorize  and  direct  the  hoard  of  state  harbor  commis- 
sioners to  institute  condemnation  proceedings  against  certain 
property  north  of  India  hasin,  and  extending  to  Islais  creek 
in  the  city  and  county  of  San  Francisco,  and  extending  the 
jurisdiction  of  said  hoard  over  the  same,  and  providing  for 
the  payment  of  judgments  from  the  proceeds  of  honds  issued 
and  sold  under  the  provisions  of  an  act  entitled  ''An  act  to 
provide  for  the  issuance  and  sale  of  state  honds  to  create  a 
fund  for  the  acquisition  by  the  board  of  state  harbor  commis- 
sioners, of  a  necessary  area  for  a  tidal  basin,  for  ivharves, 
docks,  piers,  harbors  and  appurtenances,  in  the  city  and 
county  of  San  Francisco;  to  create  a  sinking  fund  for  the 
payment  of  said  bonds;  and  defining  the  duties  of  state 
officers  in  relation  thereto;  making  an  appropriation  of  one 
thousand  dollars  for  the  expense  of  printing  said  bonds;  and 
providing  for  the  submission  of  this  act  to  a  vote  of  the 
people,' ' 

[Approved  March  24,  1909;  Stats.  1909,  p.  711.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.    For  the  purpose  of  acquiring  additional  areas  condemna- 
for  the  construction  of  docks,  wharves,  slips  and  piers,  and  ceeding°'to 
increasing  the  harbor  facilities  on  the  water  front  of  the  city  E(f 
and  county  of  San  Francisco,  the  board  of  state  harbor  com- 
missioners is  hereby  authorized  and  directed  to  institute  con- 
demnation proceedings  in  the  superior  court  of  the  city  and 
county  of  San  Francisco,  against  all  parties  in  interest,  and 
all  parties  claiming  any  right,  title  or  interest  in  or  to  all  of 
that  certain  tract  of  land  in  the  city  and  county  of  San  Fran- 
cisco, State  of  California,  particularly  described  as  follows : 

Commencing  at  the  intersection  of  the  water  front  line  of  Description 
September  12,  1877,  with  the  southerly  line  of  Islais  street, 
and  extending  southeasterly  along  the  said  water  front  line  to 
its  intersection  with  the  northerly  line  of  India  street ;  thence 
westerly  along  said  northerly  line  of  India  street  to  its  inter- 
section with  the  southwesterly  line  of  First  avenue  south: 
thence  northwesterly  along  said  southwesterly  line  of  First 
avenue  south,  to  its  intersection  with  the  easterly  line  of  Ken- 
tucky street ;  thence  northerly  along  said  easterly  line  of  Ken- 


122 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Jurisdic- 
tion of 
board. 


Judgments 
shall  be 
paid  from 
what 
moneys. 


Act  to  be 
submitted 
to  the 
people. 


Board  to 
prosecute 
actions 
diligently. 


tucky  street  to  its  intersection  with  the  southerly  line  of  Islais 
street;  thence  easterly  along  said  line  of  Islais  street  to  the 
point  of  beginning,  and  containing  all  the  blocks  and  parts  of 
blocks  and  streets,  within  the  above  described  boundaries. 

Sec.  2.  The  jurisdiction  of  said  board  shall  be  and  it  is 
hereby  extended  so  as  to  include  all  of  the  land  described  in 
section  1  of  this  act. 

Sec.  3.  The  board  of  state  harbor  commissioners  shall  insti- 
tute any  action  or  actions  and  prosecute  the  same  to  final  judg- 
ment, for  the  condemnation  of  all  portions  of  the  premises 
described  in  section  1,  of  this  act,  and  the  purposes  herein 
mentioned  are  hereby  declared  to  be  a  public  use,  in  behalf  of 
which  the  right  of  eminent  domain  shall  be  exercised  by  the 
board  of  state  harbor  commissioners  for  and  in  the  name  of 
the  people  of  the  State  of  California,  for  the  estates  and  rights  ' 
specified  in  and  in  the  manner  provided  in  part  III,  title  VII, 
of  the  Code  of  Civil  Procedure  of  the  State  of  California ;  pro- 
vided, that  any  judgment  under  this  act,  or  that  certain  act 
entitled,  '^An  act  to  provide  for  the  issuance  and  sale  of  state 
bonds,  to  create  a  fund  for  the  acquisition  by  the  board  of  state 
harbor  commissioners,  of  a  necessary  area  for  a  tidal  basin,  for 
wharves,  docks,  piers,  harbors  and  appurtenances,  in  the  city 
and  county  of  San  Francisco ;  to  create  a  sinking  fund  for  the 
payment  of  said  bonds ;  and  defining  the  duties  of  state  officers 
in  relation  thereto;  making  an  appropriation  of  one  thousand 
dollars  for  the  expense  of  printing  said  bonds ;  and  providing 
for  the  submission  of  this  act  to  a  vote  of  the  people, ' '  shall  be 
paid  from  the  proceeds  of  bonds  issued  and  sold  under  the  pro- 
visions of  said  last  mentioned  act. 

Sec.  4.  This  act  shall  take  effect  from  and  after  the  ratifi- 
cation by  the  people  of  the  State  of  California,  of  that  certain 
act  entitled  ^'An  act  to  provide  for  the  issuance  and  sale  of 
state  bonds,  to  create  a  fund  for  the  acquisition  by  the  board  of 
state  harbor  commissioners,  of  a  necessary  area  for  a  tidal 
basin,  for  wharves,  docks,  piers,  harbors  and  appurtenances,  in 
the  city  and  county  of  San  Francisco;  to  create  a  sinking  fund 
for  the  payment  of  said  bonds ;  and  defining  the  duties  of  state 
officers  in  relation  thereto;  making  an  appropriation  of  one 
thousand  dollars  for  the  expense  of  printing  said  bonds;  and 
providing  for  the  submission  of  this  act  to  a  vote  of  the 
people. ' ' 

Sec.  5.  Said  board  of  state  harbor  commissioners  shall, 
without  delay,  after  the  ratification  of  said  last  mentioned  act, 
cause  to  be  made  an  examination  of  the  title  to  the  land  and 


LAWS  AND  ISTATUTES. 


123 


every  part  of  the  land  described  in  section  1  of  this  act,  and 
shall  commence,  and  prosecute  to  final  judgment,  with  dili- 
gence and  dispatch,  any  and  all  necessary  actions  for  the  con- 
demnation of  all  portions  of  said  premises  described  in  section 
1  of  this  act. 

Sec.  6.    All  acts  and  parts  of  acts,  in  conflict  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 

AN  ACT 

To  enlarge  the  poivers  of  the  hoard  of  state  harhor  commis- 
sioners^ and  to  authorize  said  hoard  to  locate^  construct, 
maintain^  operate  and  extend  puMic  dry-docks  and  appur- 
tenances thereto,  in  and  about  such  portion  of  the  hay  of 
San  Francisco  ukder  its  jurisdiction,  and  to  fix,  regulate, 
impose  and  collect  tolls  or  compensation  for  and  upon  the 
use  of  the  same  and  to  regulate  the  use  therefor. 

[Approved  June  3,  1913;  Stats.  1913,  p.  372.] 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.    The  board  of  state  harbor  commissioners  is  Dry-docks 

in  San 

hereby  authorized  and  empowered  (in  addition  to  the  powers  bar''''° 
now  granted,  or  which  may  hereafter  be  granted  to  it  by  law) 
to  locate,  construct,  maintain,  operate  and  extend  public  dry- 
docks  in  and  about  such  portion  of  the  bay  of  San  Francisco 
under  the  jurisdiction  as  defined  in  section  two  thousand  five 
hundred  and  twenty-four  of  the  Political  Code. 

Sec.  2.    The  said  board  shall  fix,  regulate,  impose  and  col-  tous. 
lect  tolls  or  compensation  for  and  upon  the  use  of  such  public 
dry-docks  and  regulate  the  use  thereof. 

Sec.  3.    All  money  collected  for  tolls  as  compensation  for 

i?  1  iTTTi  -1-.-.  Disposition 

use  ot  such  public  dry-docks  and  all  expenditure  made  in  the  ^oSeT  # 
maintenance  and  construction  thereof  shall  be  subject  to  the 
same  provision  as  other  moneys  collected  and  expended  by  the 
said  board. 


124 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


AN  ACT 

To  enlarge  the  powers  of  the  hoard  of  state  harbor  commis- 
sioners, and  to  authorize  said  board  to  locate,  construct, 
maintain  and  operate  the  state  railroad  and  railroad  tracks 
and  appurtenances  through,  over,  under  and  upon  state 
lands,  and  lands  tvithin  its  jurisdiction  or  the  water  front, 
and  city  streets,  avenues,  alleys,  lanes,  places  or  property,  or 
lands  or  property  of  the  United  States,  or  private  property, 
in  the  city  and  county  of  San  Francisco,  and  to  obtain 
licenses,  grants,  permits  or  easements  or  rights  of  way  there- 
for, and  to  construct  tunnels,  bridges,  drawbridges  and  other 
appurtenances  as  incident  thereto,  and  to  impose  tolls  or 
compensation  for  and  upon  the  use  of  the  same  and  to  regu- 
late the  use  therefor. 

[Approved  Jime  4,  1913;  Stats.  1913,  p.  382.] 

The  people  of  the  State  of  California  do  enact  as  folloivs: 
build  rail-        Section  1.    The  board  of  state  harbor  commissioners  is 

roads  in  /  •  n  t   •  i 

san^Fran-  hereby  authorized  and  empowered  (m  addition  to  the  powers 
now  granted,  or  which  may  hereafter  be  granted  to  it  by  law) 
to  locate,  construct,  maintain,  operate  and  extend  the  state 
railroad,  and  railroad  tracks,  through,  over,  under  and  upon 
any  state  lands,  or  lands  within  its  jurisdiction,  or  the  water 
front  as  defined  in  section  2524  of  the  Political  Code,  or  through, 
over,  under  and  upon  any  streets,  avenues,  alleys,  lanes, 
places  or  property  of  the  city  and  county  of  San  Francisco,  or 
lands  or  property  of  the  United  States  of  America,  or  private 
property  in  said  city  and  county  of  San  Francisco,  in  which 
and  where  it  may  then  have  a  license,  permission,  easement  or 
right  of  way  therefor,  together  with  all  necessary  trackage, 
switches,  spurs,  turnouts,  fills,  cuts,  tunnels,  trestles,  bridges, 
drawbridges,  signals  and  other  appliances,  appurtenances  and 
incidents  necessary  to  make  the  same  complete  and  convenient 
for  use. 

fl'om^  Sec.  2.    The  powers  conferred  by  this  act  shall  include : 

Pacific  (1)  Power  and  authoritv  to  obtain  from  Panama-Pacific 

company.  ^ 

International  Exposition  Company,  a  corporation,  an  assign- 
ment of  its  rights  under  an  act  of  congress  approved  June  28, 
1912,  entitled,  ''An  act  granting  a  right  of  way  to  the 
Panama-Pacific  International  Exposition  Company,  or  such 
successors  or  assigns  as  may  be  approved  by  the  secretary  of 


LAWS  AND  STATUTES. 


125 


war,  across  the  Fort  Mason  military  reservation  in  Cali- 
fornia. ^ ' 

(2)  Power  and  authority  to  obtain  the  approval  of  the  secre-  ,f/^j;cretiry 
tary  of  war  to  such  assignment,  and  to  locate  a  railroad  and 
tunnel  upon  and  across  said  reservation  and  to  ordain  regu- 
lations therefor  and  for  the  use  thereof  and  to  obtain  the 
approval  of  the  secretary  of  war  thereto. 

(3)  Power  and  authority  to  construct  such  railroad  s.nd  J^^^^^^^'^ 
tunnel  upon  and  across  said  reservation  as  a  part  of  and  inci- 
dent to  said  state  railroad  and  railroad  tracks;  provided,  that 

said  board  shall  impose  such  tolls,  charges  and  compensation 
for  passage  through  said  tunnel  upon  all  freight  and  upon  all 
passenger  cars  passing  therethrough  (which  tolls  shall  be 
exclusive  of  and  in  addition  to  the  ordinary  compensation  for 
the  use  of  said  railroad  and  railroad  tracks)  as  shall  provide 
within  a  limited  time  for  the  repayment  of  the  cost  of  the  con- 
struction of  such  tunnel.  Such  tolls  and  charges  shall  be  in 
conformity  with  the  requirements  and  subject  to  the  approval 
of  the  secretary  of  war  in  that  behalf  and  shall  be  so  charged, 
imposed  and  collected  until  the  cost  of  the  construction  of  such 
tunnel  shall  have  been  repaid. 

(4)  Power  and  authority  to  obtain  from  the  city  and  county 

of  San  Francisco  proper  and  necessary  grants,  license  or  Francisco, 
permission  to  extend,  construct,  maintain  and  operate  the  said  • 
state  railroad  and  railroad  tracks  along,  over  and  upon  such 
public  streets,  avenues,  alleys  or  property  of  said  city  and 
county  of  San  Francisco  as  may  be  necessary  for  the  exten- 
sion of  said  state  railroad  or  railroad  tracks. 

(5)  Power  and  authority  to  acquire  rights  of  way  and  lands 
necessary  for  such  extension  from  the  owners  of  private  prop-  Swly 
erty,  either  by  grant  or  by  condemnation  proceedings;  and 

in  that  behalf  the  provisions  of  law  relating  to  the  exercise 
of  the  right  of  eminent  domain  shall  apply  and  insure  to  the 
benefit  of  said  board,  and  to  such  proceedings. 

(6)  Power  and  authority  to  permit  the  passage  over  and 
through,  and  the  use  of  said  railroad  and  tunnel  to  any  corpor- 
ation  or  association,  person  or  persons  for  passenger  street  cars 
for  such  time  and  under  such  rules  and  regulations  and  at  such 
compensation  as  said  board  may  determine. 

(7)  Power  and  authority  to  obtain  license  and  permission  Preswio 
from  the  United  States  government  to  extend,  locate,  con-  tiotr^' 
struct,  operate  and  maintain  the  said  railroad  and  railroad 
tracks  in  and  through  the  Presidio  reservation  in  said  city 


Acquisition 
of  rights 


126  BOARD  OF  STATE  HARBOR  COMMISSIONERS. 

and  county  in  such  location  and  subject  to  such  regulations  as 
may  be  prescribed  by  the  United  States  government. 

Sec.  3.  The  enumeration  of  powers  contained  in  section  2 
of  this  act  shall  not  be  deemed  exclusive  or  to  limit  the  general 
powers  conferred  by  section  1  hereof. 

AN  ACT 

To  provide  for  a  general  system^  based  upon  investigation  as 
to  merit,  effieieney  and  fitness,  for  appointment  to  and 
holding  dining  good  behavior  of  office  and  employment 
under  state  authority  and,  in  that  behalf,  to  create  a 
state  civil  service  commission,  to  prescribe  its  powers  and 
duties,  to  make  the  wilful  violation  of  the  provisions  of 
this  act  a  misdemeanor,  to  repeal  all  acts  and  parts  of  acts 
inconsistent  herewith  in  so  far  as  they  may  be  inconsistent 
with  the  provisions  of  this  act,  and  to  make  an  appropria- 
tion therefor. 

[Approved  June  16,  1913.    In  effect  August  10,  1913.] 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  First — The  term  ''commission''  as  used  in  this 
act  means  the  ''state  civil  service  commission"  herein  created, 
and  the  term  ' '  commissioner ' '  as  used  in  this  act  means  one  of 
the  three  members  of  that  commission,  all  unless  such  terms 
are  plainly  used  with  some  other  meaning. 

Second — The  terms  "position"  and  "positions"  as  used  in 
this  act  include  all  offices  and  employments  under  state  author- 
ity, whether  there  be  any  salary  or  other  compensation  or 
emolument  connected  therewith,  except  offices  held  by  elective 
officers  as  such  and  also  except  the  militia  and  all  offices  and 
employments  as  now  or  hereafter  provided  by  virtue  of  or 
under  article  VIII  of  the  constitution  of  the  state,  and  except 
county  and  township  offices  and  employments. 

Third — The  term  "appointing  power"  as  used  in  this  act 
includes  all  persons  whether  acting  singly  or  in  conjunction 
with  others  in  any  way  whatsoever,  either  by  nomination  or 
confirmation  or  as  a  board  or  commission  or  otherwise,  in 
selecting  any  one  to  hold  any  position  as  that  term  is  so  used 
in  this  act. 


"Commis- 
sion." 


"Posi- 
tion." 


"Appoint- 
ing 

power," 


LAWS  AND  STATUTES. 


127 


Fourth — The  term  ^^appointment"  as  used  in  this  act  "Appoint- 

^  ment." 

includes  all  means  of  selecting  and  employing  any  one  to  hold 
any  position  as  that  term  is  so  used  in  this  act. 

Sec.  2.    There  is  hereby  created  a  commission  known  as  Civil  service 

.  .  ••i»i«iin  •  n  commission 

the  state  civil  service  commission  which  shall  consist  of  ^^^ated. 
three  commissioners  but  which  may  continue  to  act  after  being 
fully  constituted  if  there  is  not  more  than  one  vacancy  in 
such  commission.  The  commission  shall  be  first  constituted  by 
three  commissioners  appointed  for  terms  ending  July  1,  1914, 
July  1,  1916,  and  July  1,  1917,  respectively,  and  the  succeeding 
terms  shall  each  be  for  a  period  of  four  years.  The  governor 
shall  appoint  all  commissioners  including  those  who  fill  unex- 
pired terms.  Any  commissioner  may  be  removed  by  concur- 
rent resolution  of  both  houses  of  the  legislature  adopted  by  a 
two-thirds  vote  of  each  house.  The  commissioners  shall  each  Salary, 
receive  a  salary  of  three  thousand  dollars  per  annum,  which 
shall  be  paid  at  the  same  time  and  in  the  same  manner  as 
the  salaries  of  state  officers  are  paid,  and  the  commissioners 
shall  also  be  paid  necessary  traveling  expenses  incurred  in  the 
performance  of  their  duties.  The  total  and  items  of  all  expend- 
itures and  obligations  made,  authorized  and  incurred  by  the 
commission  shall  not  exceed  the  sums  appropriated  therefor 
by  law. 

Sec.  3.  The  commission  shall  employ  a  chief  examiner  Employees, 
and  secretary,  which  offices  may  be  combined,  and  such  other 
employees  as  it  may  deem  necessary  or  proper  to  carry  out  the 
purposes  of  this  act.  Their  compensation  shall  be  fixed  by 
the  commission,  and  they  may  be  paid  necessary  traveling 
expenses  incurred  in  the  discharge  of  their  duties.  The  duties 
of  the  chief  examiner,  secretary  and  other  employees  shall 
be  prescribed  by  the  commission,  subject  to  the  provisions  of 
this  act.  It  shall  be  the  duty  of  the  secretary  to  keep  the 
minutes  of  the  meetings  of  the  commission  and  perform  such 
other  services  as  may  be  assigned  him  by  the  commission.  The 
commission  may  select  suitable  persons  to  assist  in  examina- 
tions under  its  direction.  The  compensation  of  such  assistants 
shall  not  exceed  five  dollars  per  day,  except  in  the  case  of 
special  and  expert  examiners  employed  in  the  preparation  of 
questions  and  rating  of  candidates ;  and  when  the  persons  so 
selected  are  in  the  official  service  of  the  state  it  shall  be  deemed 
a  part  of  their  official  duty  to  serve  as  such  assistants  without 
additional  compensation. 


128 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Head- 
quarters. 


Classify 
and  grade 
positions. 


Hold 
examina- 
tions. 


Enforce 
act. 


Efficiency 
records. 


Sec.  4.  The  commission  is  authorized  to  secure  in  the 
city  of  Sacramento  suitable  and  convenient  rooms  and  accom- 
modations and  cause  the  same  to  be  furnished,  heated  and 
lighted,  for  carrying  on  the  work  of  the  commission  and  the 
commission  may  order  the  necessary  stationery,  postage  stamps, 
and  official  seal  and  other  articles  to  be  supplied,  and  the  neces- 
sary printing  to  be  done  for  its  official  use. 

Sec.  5.    The  commission  shall: 

jF^irs^— Classify  positions  to  be  held  under  state  authority  in 
accordance  with  the  provisions  of  this  act  and  in  accordance 
with  the  duties  attached  to  such  positions.  The  commission 
shall  grade  all  positions  withiu  each  class  with  respect  to 
salaries,  to  the  end  that  like  salaries  shall  be  paid  for  like 
duties.  Such  classes  and  grades  may  from  time  to  time  be 
amended,  added  to,  consolidated  or  abolished  by  the  commis- 
sion, but  persons  holding  positions  under  the  original  classi- 
fication or  grade  shall  not  be  affected  thereby. 

Second — Hold  examinations  to  determine  the  merit,  effi- 
ciency and  fitness  of  applicants  for  positions,  and  prepare 
properly  classified  eligible  lists  from  applicants  so  examined. 
All  questions  for  examination  shall  be  prepared  under  the 
supervision  of  the  commission  or  chief  examiner  and  deliv- 
ered to  the  examining  board  or  to  the  candidates  by  one  of 
the  commissioners  or  chief  examiner  or  by  an  examiner  spe- 
cially designated  to  perform  such  service. 

Third — Enforce  the  provisions  of  this  act  and  prescribe 
and  enforce  suitable  rules  and  regulations  for  carrying  the 
same  into  effect  and  from  time  to  time  amend  and  repeal  the 
same. 

Fourth — Keep  minutes  of  its  own  proceedings,  and  records 
of  its  examinations  and  other  official  actions. 

Fifth — Kecords  of  individual  efficiency  of  holders  of  posi- 
tions in  performing  their  duties  shall  be  established  in  all 
offices  and  places  of  employment  affected  by  this  act.  Such 
records  shall  be  made  by  the  appointing  power,  unless  other- 
wise directed  by  the  commission,  and  under  and  in  accordance 
with  such  rules  and  regulations  as  the  commission  may 
prescribe,  and  copy  of  such  records  shall  be  filed  with  the 
commission.  The  commission  shall  investigate  all  such 
efficiency  records  and  may  make  its  own  records,  and  shall 
rate  upon  such  records  the  item  of  ^'ascertained  merit"  in 
examinations  for  promotion.  The  commission  shall  establish 
and  enforce  rules  and  regulations  under  which  records  of 


LAWS  AND  STATUTES.  129 

unsatisfactory  service  may  lead  to  reduction  in  grade  and 
compensation  of  the  person  holding  the  position  concerned, 
and  shall  further  provide  for  the  manner  in  which  persons 
falling  below  the  standards  of  efficiency  fixed  by  its  rules  and 
regulations  may  be  removed  from  their  positions  by  the  com- 
mission proceeding  substantially  as  provided  in  this  act  and 
with  the  same  effect  as  in  case  of  removals  by  the  appointino- 
power.  ° 

Sixth— Make  investigations  concerning  and  report  upon  all  ^lake  imes- 
matters  touching  the  enforcement  and  effect  of  the  provisions 
of  this  act  and  the  rules  and  regulations  prescribed  thereunder- 
inspect  all  state  institutions,  offices,  places  of  employment  and 
services  affected  by  this  act,  and  ascertain  whether  this  act 
and  all  such  rules  and  regulations  are  obeyed.   Such  investiga- 
tion may  be  made  by  any  commissioner,  or  chief  examiner,  or 
by  any  other  authorized  agent  of  the  commission.    In  'the 
course  of  such  investigation  any  commissioner,  or  chief  exam- 
iner or  such  other  authorized  agent  of  the  commission,  or  the 
secretary  of  the  commission,  shall  have  power  to  administer 
oaths,  subpcena  and  require  the  attendance  in  this  state  of 
witnesses  and  the  production  thereby  of  books,  papers,  docu, 
ments  and  accounts  appertaining  to  the  investigation  but  not 
requiring  the  attendance  of  witnesses  either  with  or  without 
books,  papers,  documents  or  accou.  ts  unless  residing  within 
the  same  county  or  within  thirty  miles  of  the  place  of  attend- 
ance 


Seventh—All  hearings  and  investigations  before  the  com-  Ku.es 
mission,  or  any  commissioner,  or  the  chief  examiner  or  such 
other  authorized  agent  of  the  commission  shall  be  governed  by 
this  act  and  by  rules  of  practice  and  procedure  to  be  adopted 
by  the  commission,  and  in  the  conduct  thereof  neither  the 
commission,  nor  any  commissioner,  nor  the  chief  examiner 
nor  such  other  authorized  agent  of  the  commission  shall  be 
bound  by  the  technical  rules  of  evidence.  No  informality  in 
any  proceeding  or  in  the  manner  of  taking  testimony  before 
the  commission  or  any  commissioner,  or  the  chief  examiner  or 
such  other  authorized  agent  of  the  commission  shall  invalidate 
any  order,  decision,  rule  or  regulation  made,  approved  or  eon- 
hrmed  by  the  commission.  The  superior  court  in  and  for  the  ^"-10^ 
county,  or  city  and  county,  in  which  any  inquiry,  investigation,  ES" 
hearing  or  proceeding  may  be  held  by  the  commission  or  an.'  ' 
commissioner,  or  the  chief  examiner  or  such  other  authorized 
agent  of  the  commission  shall  have  the  power  to  compel  the 


attend. 


9—11204 


"1^30  BOARD  OF  STATE  HARBOR  COMMISSIONERS. 

attendance  of  witnesses,  the  giving  of  testimony  and  the  pro- 
duction of  books,  papers,  documents  and  accounts,  as  required 
by  any  subpoena  issued  by  the  commission,  or  any  commis- 
sioner, or  such  other  authorized  agent  of  the  commission  or  the 
secretary.    The  commission,  or  the  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission 
before  whom  the  testimony  is  to  be  given  or  produced,  in  case 
of  the  refusal  of  any  witness  to  attend  or  testify  or  produce 
any  papers  required  by  such  subpoena,  may  report  to  the 
superior  court  in  and  for  the  county,  or  city  and  county,  m 
which  the  proceeding  is  pending,  by  petition,  setting  forth 
that  due  notice  has  been  given  of  the  time  and  place  of  attend- 
ance of  said  witness,  or  the  production  of  such  books,  papers, 
documents  or  accounts,  and  that  the  witness  has  been  sum- 
moned in  the  manner  prescribed  in  this  act,  and  that  the  wit- 
ness has  failed  and  refused  to  attend  or  produce  such  books  or 
papers  or  documents  or  accounts  required  by  the  subpoena,  be- 
fore the  commission,  or  the  commissioner,  or  the  chief  examiner, 
or  such  other  authorized  agent  of  the  commission,  in  the  matter 
named  in  the  notice  and  subpojna,  or  has  refused  to  answer 
questions  propounded  to  him  in  the  course  of  such  proceeding, 
and  ask  an  order  of  said  court,  compelling  the  witness  to  attend 
and  testify  or  produce  such  books  or  papers  or  documents  or 
accounts  before  the  commission,  or  any  commissioner,  or  the 
chief  examiner  or  such  other  authorized  agent  of  the  commis- 
sion   The  court,  upon  the  petition  of  the  commission,  or  any 
commissioner,  or  the  chief  examiner  or  such  other  authorized 
agent  of  the  commission,  shall  enter  an  order  directmg  the 
witness  to  appear  before  the  court  at  a  time  and  place  to  be 
fixed  by  the  court  in  such  order,  the  time  to  be  not  more  than 
ten  days  from  the  date  of  the  order,  and  then  and  there  show 
cause  why  he  has  not  attended  and  testified  or  produced  said 
papers  before  the  commission,  or  such  commissioner,  or  the 
chief  examiner  or  such  other  authorized  agent  of  the  commis- 
sion   A  copy  of  said  order  shall  be  served  upon  said  witness. 
If  it  shall  appear  .to  the  court  that  said  subpoena  was  regularly 
issued  by  the  commission,  or  any  commissioner,  or  the  chief 
examiner  or  other  authorized  agent  of  the  commission  or  the 
secretary  the  court  shall  thereupon  enter  an  order  that  said 
witness  appear  before  the  commission,  or  such  commissioner, 
or  the  chief  examiner  or  any  other  authorized  agent  of  the 
commission  at  the  time  and  place  fixed  in  said  order,  and 
testify  or  produce  the  required  books,  papers,  documents  and 


appear. 


LAWS  AND  STATUTES. 


131 


accounts,  and  upon  failure  to  obey  said  order,  said  witness 
shall  be  dealt  with  as  for  contempt  of  court.  The  remedy 
provided  in  this  section  is  cumulative,  and  shall  not  be  con- 
strued to  impair  or  interfere  with  the  power  of  the  commission, 
or  a  commissioner,  or  the  chief  examiner  or  any  such  other 
authorized  agent  of  the  commission  to  enforce  the  attendance 
of  witnesses  and  the  production  of  books,  papers,  documents 
and  accounts. 

The  commission,  or  any  commissioner,  or  the  chief  examiner  Depositions, 
or  such  other  authorized  agent  of  the  commission  may,  in  any 
investigation  or  hearing  before  the  commission,  or  any  com- 
missioner, or  the  chief  examiner  or  such  other  authorized  agent 
of  the  commission,  cause  the  deposition  of  witnesses  residing 
within  or  without  the  state  to  be  taken  in  the  manner  pre- 
scribed by  law  for  like  depositions  in  civil  actions  in  the 
superior  courts  of  this  state  and  to  that  end  may  compel  the 
attendance  of  witnesses  and  the  production  of  books,  papers, 
documents  and  accounts. 

No  person  shall  be  excused  from  testifying  or  from  produc 

not  excused 

ing  any  book,  paper,  document  or  account  in  any  investigation  fS.^' ' 
or  inquiry  by  or  hearing  before  the  commission,  or  any  com- 
missioner, or  the  chief  examiner  or  such  other  authorized  agent 
of  the  commission,  when  ordered  to  do  so,  upon  the  ground 
that  the  testimony  or  evidence,  book,  paper,  document  or 
account  required  of  him  may  tend  to  incriminate  him  or  sub- 
ject him  to  penalty  or  forfeiture,  but  no  person  shall  be  prose- 
cuted, punished  or  subjected  to  any  penalty  or  forfeiture 
for  or  on  account  of  any  act,  transaction,  matter  or  thing  con- 
cerning which  he  shall,  under  oath,  have  testified  or  produced 
documentary  evidence;  provided,  that  no  person  so  testifying 
shall  be  exempt  from  prosecution  or  punishment  for  any  per- 
jury committed  by  him  in  his  testimony.  Nothing  herein  con- 
tained shall  be  construed  as  in  any  manner  giving  to  any  person 
immunity  of  any  kind  otherwise  than  is  herein  expressly  pro- 
vided. 

Eighth — Make  a  biennial  report  to  the  governor  for  trans- 
mission  to  the  legislature,  showing  the  action  of  the  commis- 
sion, including  all  the  rules  and  regulations  adopted  by  it 
during  such  period  and  those  that  are  in  force  at  the  time  of 
making  such  report,  information  as  to  exempted  positions  as 
required  by  this  act  and  the  effects  of  this  act  and  of  all  pro- 
ceedings under  it  and  any  suggestions  the  commission  or  any 
commissioner  may  deem  practical  for  the  more  effectual  accom- 
plishment of  the  purposes  of  this  act. 


-[^32  BOARD  OP  STATE  HARBOR  COMMISSIONERS. 

Meetings  Ninth— Meet  at  Sacramento  as  often  as  the -needs  of  the 
public  service  may  require,  and  at  such  other  places  as  the 
commission  may  designate.  A  majority  of  the  members  of 
the  commission  shall  constitute  a  quorum. 

Sec  6.    It  shall  be  the  duty  of  all  persons  subject  to 
T.ta'T''  the  authority  of  the  state  in  that  behalf  (including  all  state 
MIcf '  ^^^g^g        employees  and  all  state  institutions  of  every  kind 
and  character)  to  aid  in  all  proper  ways  in  carrying  into  effect 
the  provisions  of  this  act  and  the  rules  and  regulations  pre- 
scribed from  time  to  time  thereunder  and  especially,  at  the 
request  of  the  commission,  to^allow  the  commission  the  reason- 
able use  of  public  buildings  and  to  heat  and  light  the  same  for 
the  purposes  of  making  examinations  of  applicants  and  investi- 
gations as  provided  by  this  act.    Every  one  subject  to  the 
authority  of  the  state  in  that  behalf  shall  afford  to  the  commis- 
sion and  its  members  and  employees  all  reasonable  facilities 
and  give  inspection  of  all  books,  papers,  documents  and 
accounts  applying  or  in  any  way  appertaimng  to  any  and  all 
offices  subject  to  the  authority  of  the  state  in  that  behalf,  and 
shall  also  produce  said  books,  papers,  documents  and  accounts, 
and  shall  attend  and  testify  when  required  to  do  so  by  the  com- 
mission, or  any  commissioner,  or  the  chief  examiner,  or  the  sec- 
retary or  any  other  authorized  agent  of  the  commission.  The 
attorney  general  shall  advise  and  assist  the  commission,  and 
the  district  attorneys  of  the  counties  shall  prosecute  violations 
of  this  act    The  commission  may  employ  special  counsel. 
Appoint-        Sec.  7.    The  appointing  power  in  all  cases  not  excepted 
Sel  rct";^   or  exempted  under  the  provisions  of  this  act,  or  by  virtue  of  the 
provisions  of  the  constitution  of  the  state,  shall  fill  positions  by 
appointment,  including  cases  of  transfers,  reinstatements,  pro, 
motions  and  reductions,  in  strict  accordance  with  the  provisions 
of  this  act  and  the  rules  and  regulations  prescribed  from  time 
to  time  hereunder,  and  not  otherwise.   Except  only  and  to  the 
extent  that  the  appointing  power  otherwise  requests  as  herein- 
after provided,  the  positions  held  in  the  following  specified 
classes  are  excepted  from  such  method  of  appointment: 
Positions        First-Appomiees  of  the  legislature  and  one  person  holdmg 
a  position  having  a  confidential  relation,  whether  as  secretary 
or  clerk  or  stenographer  to  each  such  appointee. 

Second-Avvointee^  of  the  governor  and  one  person  holdmg 
a  position  having  a  confidential  relation  whether  as  secretary 
or  clerk  or  stenographer  to  each  such  appointee. 


LAWS  AND  STxVTUTES. 


133 


Third— The  chief  deputy  of  and  also  one  person  holding  a 
position  having  a  confidential  relation  whether  as  secretary  or 
clerk  or  stenographer  to  an  elective  officer. 

Fourth— The  secretary  or  executive  officer,  or  both,  and  also 
the  attorney  and  one  stenographer  of  any  board  or  commis- 
sion appointed  by  the  legislature  or  governor  or  elected  by 
the  electors,  and  all  stenographers  in  the  superior  and  appellate 
courts. 

Fifth— The  assistant  and  deputies  of  the  attorney  general 
and  all  special  attorneys  for  boards  and  officers. 

Sixth— The  members  of  the  appointing  board  of  and  any 
chief  in  any  legislative  reference  or  counsel  bureau  and  one 
person  holding  a  confidential  relation  to  each  such  chief. 

Seventh— One  warden  for  each  of  the  state  prisons. 

Eighth— One  superintendent  for  each  of  the  state  reforma- 
tories, state  hospitals  or  other  state  charitable  or  correctional 
institutions;  also  the  parole  officers  for  the  state  prisons, 
Preston  School  of  Industry  and  Whittier  State  School. 

^^•^^^7^_Persons  employed  by  the  University  of  California 
and  the  state  normal  schools,  and  the  teaching  force  of  the 
elementary,  secondary,  trades  and  technical  schools. 

Tenth— Persons  engaged  in  work  done  by  co-operation  be- 
tween the  state  and  federal  governments. 

Eleventh— The  state  librarian,  the  chief  deputy  or  assistant 
state  librarian  and  also  one  person  holding  a  position  having  a 
confidential  relation  to  the  state  librarian,  and  appointees 
under  provisions  for  court,  law,  teachers,  school  and  county 
libraries. 

Twelfth— The  secretary,  chief  accountant  and  children's 
agents  of  the  state  board  of  control. 

Thirteenth— The  employees  of  the  state  railroad  commission. 

F ourt ee^ith—Su^ermtendents,  chiefs,  and  heads  of  depart- 
ments. 

All  provided  that  at  any  time  any  vacancy  in  any  position 
in  any  of  the  above  specified  fourteen  excepted  classes  may 
be  filled  by  the  appointing  power  in  the  manner  provided  by 
this  act,  in  which  case  the  person  appointed  shall  hold,  during 
the  tenure  of  office  of  said  appointing  power,  such  position 
under  the  tenure  of  good  behavior  and  subject  to  the  provi- 
sions of  this  act  as  if  that  position  had  not  been  so  excepted, 
but  upon  such  appointee  ceasing  to  hold  such  position  that 
-  position  shall  be  open  as  in  such  excepted  class.  Upon  such 
appointee  ceasing  to  hold  such  office  by  reason  of  the  tormina- 


3^34  BOARD  OF  STATE  HARBOR  COMMISSIONERS. 

tion  of  the  tenure  of  office  of  said  appointing  power,  said 
appointee  shall  be  restored  to  place  upon  the  eligible  lists  in 
accordance  with  such  rules  and  regulations  as  the  commission 
Declaring  may  prcscrlbc  in  that  behalf.  Any  position  subject  to  the  pro- 
?SImpT'  visions  of  this  act  may  be  declared  exempted  by  resolution 
passed  by  concurrence  of  the  three  commissioners.  Such  reso- 
lution shall  state  separately  the  reasons  for  each  exemption. 
Not  more  than  one  appointment  shall  be  made  to  or  under  any 
position  covered  by  such  resolution  unless  permission  to  appoint 
a  different  number  is  given  therein.  Any  exception  thus  made 
may  be  terminated  at  any  time  by  resolution  of  the  commission. 
Appointments  to  exempted  positions  shall  be  reported  immed- 
iately to  the  commission.  The  names  of  each  exempted  position 
and  the  names  of  the  incumbent  and  the  reason  for  each 
exemption  shall  be  stated  in  the  biennial  reports  of  the  com- 
mission. 

Rules  for        Sec.  8.    Wltliiu  thrcc  months  after  the  commission  is  con- 
SfTositTons"  stituted,  it  shall  make  rules  for  the  classification  of  positions 
to  be  held  under  state  authority  to  be  provided  by  this  act,  and, 
subject  to  the  provisions  of  this  act;  such  rules  shall  govern 
appointments,  transfers,  reinstatements,  promotions,  reductions 
and  removals,  and  examination  of  applicants,  and  the  commis- 
sion may  amend  such  rules  from  time  to  time.    Such  rules  shall 
be  printed  for  public  distribution. 
Method  of        gj,(.  9     Subject   to   the   special   provisions   in   this  act 
?antments.  laborcrs,  appointments  shall  be  made  to  all  positions 

that  are  not  filled  by  promotion,  reinstatement,  transfer  or 
reduction,  under  the  provisions  of  this  act  and  the  rules 
in  pursuance  thereof,  by  the  appointing  power :  Said  appoint- 
ing power  shall  notify  the  commission  of  any  vacancy  to 
be  filled,  stating  the  duties  of  the  position.    The  commission 
shall  then  certify  to  the  appointing  power  the  names  and 
addresses  of  the  three  persons  standing  highest  on  the  eligible 
list  for  the  class  or  grade  to  which  the  position  belongs;  but 
in  case  there  be  less  than  three  on  such  eligible  list,  the  com- 
mission shall  certify  the  number  thereon ;  and  the  appointing 
power  shall  fill  the  position  by  the  appointment  of  one  of  the 
persons  certified  by  the  commission  therefor.    The  term  of 
eligibility  shall  be  fixed  for  each  eligible  list  at  not  less  than 
one  year.    Appointments  shall  be  made  from  the  eligible  list 
most  nearly  appropriate  for  the  position  to  be  filled,  and  a  new 
list  shall  be  created  for  a  stated  position  or  a  group  of  positions 
only  when  there  is  no  appropriate  list  existing  from  which 


LAWS  AND  STATUTES. 


135 


appointment  may  be  made.    No  person  shall  be  appomted 
under  any  title  not  appropriate  to  the  duties  to  be  performed, 
and  no  person  shall  be  assigned  to  perform  the  duties  of  any 
other  position  than  that  which  he  legally  holds,  except  by  con-  ^^^^^^^ 
sent  of  the  commission.   All  appointments  shall  be  for  a  proba-  ^^^^^^^ 
tionary  period  to  be  fixed  by  the  commission  but  not  to  exceed  nenod, 
six  months.    Unless  such  appointee  shall  have  been  dismissed 
within  such  probationary  period  by  the  appointing  power,  for 
reasons  stated  in  writing  and  filed  with  the  commission,  his 
appointment  shall  become  permanent,  subject  to  the  provisions 
of  this  act  as  to  removals,  suspensions  and  changes.  Discharged 
probationers  may  by  unanimous  vote  of  the  commission  be 
restored  to  the  list  of  eligibles  for  certification  to  any  position 
within  their  class  other  than  the  one  from  which  they  were 

rejected.  l      •  ■  character 

Sfp  10     The   examinations  shall  be   practical   m   tneir  „f  e,,am- 
character,   and   shall   relate   to   those   matters   which  will 
fairly  test  the  relative  capacity  and  fitness  of  the  persons 
examined  to  discharge  the  duties  of  the  positions  they  seek. 
Applicants  for  positions  in  the  mechanical  trades  and  occupa- 
tions may,  in  the  discretion  of  the  commission,  be  rated  solely 
on  experience  and  physical  qualifications  which  may  be  deter- 
mined by  such  evidence  and  in  such  manner  as  the  commission 
may  direct ;  and  such  applicants  may  be  submitted  to  such  fur- 
ther tests  as  the  commission  may  require.    The  commission 
shall  prepare  lists  of  preliminary  requirements  and  subjects  of  "-"t^- 
examinations  for  the  several  positions,  and  shall  publish  its 
rules  and  regulations  and  such  information  and  advertise  such 
examinations  in  such  manner  as  the  nature  of  the  examination 
may  require.    The  commission,  except  as  may  be  otherwise 
provided  in  the  case  of  laborers,  shall  require  an  applicant  to 
file  in  its  office,  in  accordance  with  its  rules  and  regulations, 
a  reasonable  length  of  time  before  the  date  of  examination,  a 
formal  application  filled  out  in  his  own  handwriting.    Blank  , ion  wanks, 
forms  of  such  applications  shall  be  furnished  by  said  commis- 
sion without  charge  to  all  persons  requesting  the  same.  The 
commission  may  require  in  connection  with  applications,  in- 
cluding laborers,  such  certificates  of  citizens,  physicians,  public 
officers  or  others  having  knowledge  of  the  applicant,  as  the 
good  of  the  service  may  require.    The  commission  may  refuse  ^i^/^f^-^ 
to  examine,  or  after  examination  to  certify  as  eligible,  anyone 
who  is  found  to  lack  any  of  the  established  preliminary  require- 
ments for  the  examination  or  position  for  which  he  applies ;  or 


136 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


who  is  physically  so  disabled  as  to  be  rendered  unfit  to  perform 
the  duties  of  the  position  to  which  he  seeks  appointment,  or  who 
is  addicted  to  the  habitual  use  of  intoxicating  beverages  to 
excess;  or  who  has  been  guilty  of  a  crime  or  of  infamous  or 
notoriously  disgraceful  conduct;  or  who  has  been  dismissed 
from  the  public  service  for  delinquency  or  misconduct ;  or  who 
has  intentionally  made  a  false  statement  of  any  material  facts, 
or  practiced,  or  attempted  to  practice,  any  deception  or  fraud 
in  his  application,  in  his  examination,  or  in  securing  his  eligi- 
bility. Any  person  appointed  to  a  position  under  the  provi- 
sions of  this  act  who  has  secured  his  place  on  the  eligible  list 
through  fraud  shall  be  removed  by  the  commission  from  his 
position  and  shall  not  thereafter  be  eligible  for  examination  for 
any  position  under  the  provisions  of  this  act  except  by  unani- 

May  require  mous  pcrmissiou  of  thc  commissiou.  When  the  position  to  be 
filled  involves  fiduciary  responsibility,  the  appointing  power 
may  require  the  appointee  to  furnish  a  reasonable  bond  or 
other  security,  and  shall  notify  the  commission  of  the  amount 
and  necessary  details  thereof. 

Temporary       Q^^^  n    "VV^hcu  thcrc  Is  uo  cligiblc  llst  from  which  a 

appoint- 

"^^"^'^  position  may  be  filled,  the  appointing  power  may,  with  the  con- 
sent of  the  commission,  fill  such  position  by  temporary  appoint- 
ment, and  such  temporary  appointment  shall  not  continue  for 
a  longer  period  than  three  months,  nor  shall  successive  tempor- 
rary  appointments  be  made  to  the  same  position  under  this 
section  without  the  previous  consent  of  the  commission,  and  in 
no  case  shall  any  person  hold  a  position  under  such  successive 
temporary  appointments  for  a  longer  period  than  six  months 
without  the  unanimous  consent  of  the  commission. 
Emergency  Sec.  12.  Thc  commissiou  shall  establish  rules  and  reg- 
men°tS  ulatious  uudcr  which  emergency  appointments  may  be  made 
when  those  on  the  eligible  lists  are  not  immediately  available, 
and  for  the  time  for  which  such  emergency  appointments  shall 
be  valid ;  and  may  fix  a  different  time  for  different  counties  or 
cities  and  counties  of  the  state. 
Promotions.  Qec.  13.  Vacaucics  in  positions  shall  be  filled,  so  far 
as  practicable,  by  promotion  from  among  persons  holding  posi- 
tions in  a  lower  grade  of  the  department,  office  or  institution  in 
which  the  vacancy  exists.  Promotions  shall  be  based  upon 
merit  and  competition  and  upon  the  superior  qualifications  of 
the  person  promoted  as  shown  by  his  records  of  efficiency.  For 
the  purposes  of  this  section  an  increase  in  the  salary  or  other 
compensation  of  any  person  holding  an  office  or  position  within 


LAWS  AND  STATUTES. 


137 


the  scope  of  the  rules  and  regulations  in  force  hereunder  be- 
yond the  limit  fixed  for  the  grade  in  which  such  office  and 
position  is  classified,  shall  be  deemed  a  promotion.  The  com- 
mission may  authorize  the  transfer  of  any  person  legally  hold-  Transfers, 
ing  a  position  to  a  similar  position  in  the  same  class  or  grade, 
and  may  provide  for  the  reinstatement  within  one  year  of 
persons  separated  from  positions  without  fault  or  delinquency 
on  their  part,  if  within  that  time  there  is  need  for  their 
services.  No  promotion,  transfer  or  reinstatement  shall  be 
made  from  a  position  in  one  class  to  a  position  in  another  class, 
nor  shall  a  person  be  transferred  to  or  reinstated  in  a  position 
for  original  entrance  to  which  there  is  required  by  this  act  or 
the  rules  and  regulations  thereunder  an  examination  involving 
essential  tests  or  qualifications  different  from  or  higher  than 
those  required  for  original  entrance  to  the  position  held  by  such 
person. 

Sec.  14.    The  tenure  of  every  one  holding  a  position  under  ^enu^e^^ 
the  provisions  of  this  act  shall  be  during  good  behavior,  but  any 
such  person  may  be  removed  for  any  of  the  following  causes : 

(a)  Incompetence  or  inefficiency. 

(&)  Dishonesty,  intemperance,  immoral  conduct,  insub- 
ordination, discourteous  treatment  of  the  public  or  of  fellow 
employees,  a  violation  of  the  provisions  of  this  act  or  of  the 
rules  or  regulations  of  the  commission  or  any  other  failure 
of  good  behavior.  The  appointing  power  that  could  fill  such 
positions  under  the  provisions  of  this  act  if  vacant  or  the 
commission  may  remove,  as  hereinafter  provided,  for  such 
cause.  The  appointing  power  in  so  proceeding  must  furnish  J^^^^men 
to  the  person  holding  such  position  written  charges  setting 
forth  such  ground  for  removal  and  file  copy  wdth  the  commis- 
sion and  allow  the  accused  a  reasonable  time  and  opportunity 
to  file  with  the  commission  and  furnish  to  said  appointing 
•  power  written  answer  and  explanation  and  thereafter  said 
appointing  power  shall  publicly  hear  and  determine  such  ^^^^^/^^^ 
charges  after  reasonable  notice  to  the  accused  and  the  com- 
mission of  the  time  and  place  of  said  hearing  and  affording  the 
accused  an  opportunity  at  such  hearing  to  present  whatever 
competent  evidence  the  accused  may  desire  in  defense.  In 
case  of  charges  presented  by  or  to  the  commission,  it  shall 
proceed  in  like  manner.  A  judgment  of  removal,  in  writing,  J^^dgment 
setting  forth  the  findings  of  said  appointing  power  after  such 
hearing  and  filed  with  the  commission,  shall  be  final  and  effect 
such  removal  and  shall  not  be  subject  to  review  by  any  other 


not  subject 
to  review. 


138 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


tribunal,  except  that  in  case  of  proceedings  against  the  same 
person  before  both  the  appointing  power  and  the  commission 
the  judgment  against  the  accused  by  either  the  appointing 
power  or  the  commission  shall  control  a  judgment  by  the 

Suspension,  other  in  favor  of  the  accused.  Such  appointing  power  may 
from  time  to  time  peremptorily  suspend,  with  loss  of  salary 
or  other  compensation  during  such  suspension,  such  person 
for  such  cause,  and  without  trial,  but  only  upon  written 
charges  so  furnished  to  such  person  and  filed  with  the  com- 
mission and  with  the  privilege  to  such  person  to  so  furnish 
to  the  appointing  power  and  file  with  the  commission  written 
answer  and  explanation,  but  such  suspension  or  total  suspen- 
sions by  that  appointing  power  of  that  person  shall  not  exceed 
thirty  days.  Either  the  appointing  power  or  the  commission 
may  transfer  charges  to  the  other  for  action  or  investigation. 

Employment  Sec.  15.  Thc  commissiou  shall  provide  by  rule  for  the 
employment  of  laborers  in  the  labor  class  in  the  order  of 
priority  of  application  for  employment.  There  shall  be  sepa- 
rate lists  of  applicants  for  different  kinds  of  labor,  and  the 
commission  may  provide  separate  labor  registration  lists  for 
departments,  institutions,  districts  or  localities.  The  commis- 
sion may  require  an  applicant  for  registration  to  pass  such 
examination  as  they  may  deem  proper  with  respect  to  his  age, 
residence,  physical  condition,  ability  to  labor,  skill,  capacity 
and  experience.  The  commission  shall  establish  such  time  as 
it  may  deem  expedient  for  the  duration  of  eligible  lists  in  the 
labor  class. 

Reports  of       ^£0.  16.    It  shall  be  the  duty  of  each  appointing  power 

appointees,  ^ 

to  report  to  the  commission  forthwith  upon  each  appointment 
the  name  of  the  appointee,  the  title  or  character  of  the  position, 
the  date  of  the  commencement  of  such  service,  and  the  salary 
or  compensation  therefor,  and  to  report  from  time  to  time, 
and  upon  the  date  of  official  action  in,  or  knowledge  of  each 
case,  any  separation  of  the  person  from  the  position,  or  other 
changes,  and  such  other  information  as  the  commission  may 
Official  require  in  order  to  keep  the  roster  hereinafter  mentioned.  The 
Commission  shall  keep  in  its  office  an  official  roster  of  all  per- 
sons holding  positions  under  the  provisions  of  this  act  and 
shall  enter  thereon  the  name  of  each  and  every  person  who  has 
been  appointed  to,  promoted,  reduced,  transferred,  reinstated 
or  removed  from  or  left  any  position  and  require  such  evidence 
as  it  may  deem  satisfactory  as  to  whether  such  person  was 
appointed  to,  promoted,  reduced,  transferred,  reinstated  or 


LAWS  AND  STATUTES. 


139 


removed  from  such  position  in  accordance  with  the  provisions 
of  this  act  and  the  rules  and  regulations  of  the  commission 
thereunder  and  as  to  when  and  why  and  how  such  person 
was  otherwise  separated  from  such  position.  The  official  roster 
shall  show  opposite,  or  in  connection  with,  each  name,  the  date 
of  appointment,  promotion,  reduction,  transfer  or  reinstate- 
ment, the  compensation  of  the  position,  the  date  of  commence- 
ment of  service  and  change  in  or  separation  from  position  and 
w^hen  and  why  and  how  there  was  such  change  or  separation. 
The  names  of  all  persons  holding  positions  at  the  time  of  the  ^^^'^^ 
taking  effect  of  this  act  which  if  vacant  would  be  filled  under  ^""^ 
the  provisions  of  this  act  shall  be  certified  to  the  commission  by 
the  appointing  power  that  could  then  so  fill  such  position  if 
vacant,  and  such  names  shall  be  entered  in  said  roster,  and 
thereupon  shall  be  deemed  appointed  under  the  provisions  of 
this  act  and  persons  then  holding  such  positions  who  have 
served  in  such  positions  a  less  period  than  one  year  and  more 
than  sixty  days  from  the  date  of  the  classification  of  such  posi- 
tions as  required  by  this  act  shall  be  deemed  to  be  serving  the 
probationary  period,  and  persons  who  have  served  in  such 
positions  for  less  than  such  sixty  days  shall  be  deemed  tem- 
porary appointees. 

Sec.  17.  It  shall  be  unlawful  for  the  controller  or  other 
fiscal  officer  of  the  state  to  draw,  sign,  issue,  or  authorize  the 


now  holding 
positions  to 
be  eei  tified 
to  com- 
mission. 


pay  rolls 
before  con- 
troller issues 


drawing,  signing,  or  issuing  of  any  warrant  on  the  treasurer  warrant 
or  other  disbursing  officer  of  the  state  for  the  payment  of,  or 
for  the  treasurer  or  other  disbursing  officer  to  pay  any  salary 
or  compensation  to  any  one  holding  any  position  under  the  pro- 
visions of  this  act  unless  the  estimate,  pay  roll  or  account  for 
such  salary  or  compensation,  containing  the  name  of  the  person 
to  be  paid,  shall  bear  the  certificate  of  the  commission  that  the 
persons  named  in  such  estimate,  pay  roll  or  account  are  hold- 
ing positions  as  provided  by  this  act  and  the  rules  and  regula- 
tions prescribed  thereunder.  Any  sums  paid  contrary  to  the 
provisions  of  this  section  may  be  recovered  from  any  one 
making  such  appointment  in  violation  of  the  provisions  of  this 
act  and  of  the  rules  and  regulations  prescribed  thereunder  or 
from  any  officer  signing,  or  countersigning,  or  authorizing  the 
signing  or  countersigning  of  any  warrant  for  the  payment  of 
the  same,  and  from  the  sureties  on  his  official  bond  in  an  action 
in  any  court  of  competent  jurisdiction  of  this  state  maintained 
by  a  citizen  resident  therein,  who  is  assessed  for  and  is  liable 
to  pay,  or  within  one  year  before  the  commencement  of  such 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 

action  has  paid,  a  tax  therein.  All  moneys  recovered  in  any 
action  brought  under  the  provisions  of  this  section  must,  when 
collected,  be  paid  into  the  treasury  of  the  state,  except  that  the 
plaintiff  in  any  such  action  shall  be  entitled  to  receive  for  his 
own  use  the  taxable  costs  of  such  action. 

Sec.  18.  Any  commissioner  or  examiner,  or  any  person 
who  shall  wilfully  by  himself  or  in  co-operation  with  one  or 
more  persons,  defeat,  deceive  or  obstruct  any  person  in  respect 
of  his  or  her  right  of  examination  or  registration,  according  to 
any  rules  or  regulations  prescribed  pursuant  to  the  provisions 
of  this  act,  or  who  shall  wilfully  and  falsely  mark,  grade,  esti- 
mate, or  report  upon  the  examination  or  proper  standing  of  any 
person  examined,  registered,  or  certified,  pursuant  to  the  pro- 
visions of  this  act,  or  aid  in  so  doing,  or  who  shall  wilfully  make 
any  false  representation  concerning  the  same,  or  concerning  the 
person  examined,  or  who  shall  wilfully  furnish  to  any  person 
any  special  or  secret  information  for  the  purpose  of  either  im- 
proving or  injuring  the  prospects  or  chances  of  any  person  so 
examined,  registered,  or  certified,  or  to  be  examined,  registered, 
or  certified,  or  who  shall  personate  any  other  person,  or  permit 
or  aid  in  any  manner  any  other  person  to  personate  him,  in 
connection  with  any  examination  or  registration  or  application 
or  request  to  be  examined  or  registered,  shall  be  deemed  guilty 
of  misdemeanor. 

Sec.  19.  No  officer,  agent,  clerk  or  employee  under  the 
government  of  the  state  shall,  directly  or  indirectly,  solicit  or 
receive,  or  be  in  any  manner  concerned  in  soliciting  or  receiv- 
ing, any  assessment,  subscription,  contribution  or  political 
service,  whether  voluntary  or  involuntary,  for  any  political 
purpose  whatever,  from  any  one  on  the  eligible  lists  or  holding 
any  position  under  the  provisions  of  this  act. 

Every  officer,  agent,  clerk  or  employee  under  the  govern- 
ment of  the  state  who  may  have  charge  or  control  in  any  build- 
ing, office,  or  room  occupied  for  any  purpose  of  said  govern- 
ment is  hereby  authorized  to  prohibit  the  entry  of  any  person, 
and  he  shall  not  permit  any  person  to  enter  the  same,  for  the 
purpose  of  therein  making,  collecting,  receiving  or  giving 
notice  of  any  political  assessment,  subscription  or  contribution, 
and  no  person  shall  enter,  or  remain  in  any  said  building,  office 
or  room,  or  send  or  direct  any  letter  or  other  notice  thereto,  for 
the  purpose  of  giving  notice  of,  demanding,  or  collecting  a 
political  assessment,  subscription  or  contribution,  nor  shall  any 
person  therein  give  notice  of,  demand,  collect  or  receive,  any 


LAWS  AND  STATUTES. 


141 


such  assessment,  subscription  or  contribution  contrary  to  the 
provisions  of  this  section. 

Sec.  20.  No  one,  while  holding  any  public  office,  or  in  ^^"^^^^1.°^ 
nomination  for,  or  while  seeking  a  nomination  or  appointment  poimSi 
for,  any  public  office,  shall  use  or  promise  to  use,  whether  prohibited 
directly  or  indirectly,  any  official  authority  or  influence 
(whether  then  possessed  or  merely  anticipated)  in  the  way  of 
conferring  upon  any  person,  or  in  order  to  secure  or  aid  any 
person  in  securing  any  position  under  the  provisions  of  this 
act,  either  in  nomination,  confirmation,  promotion,  or  increase 
in  salary,  or  as  to  any  change  in  any  such  position,  upon  a  con- 
sideration or  condition  that  the  vote  or  political  influence  or 
action  of  the  last  named  person  or  any  other,  shall  be  given  or 
used  in  behalf  of  any  candidate,  officer  or  party,  or  upon  any 
other  corrupt  condition  or  consideration.  And  no  one,  being 
a  public  officer,  or  in  nomination  for,  or  while  seeking  nomina- 
tion or  appointment  for,  any  public  office  or  having  or  claiming 
to  have  any  authority  or  influence  (whether  then  possessed  or 
merely  anticipated)  for  the  securing  or  holding  of  or  as  to 
affecting  any  position  under  the  provisions  of  this  act,  shall  use, 
or  promise  or  threaten  to  use,  any  such  authority  or  influence, 
directly  or  indirectly,  in  order  to  coerce  or  persuade  the  vote  or 
political  action  of  any  person  on  the  eligible  lists  or  holding 
any  position  under  the  provisions  of  this  act. 

Sec.  21.  No  salary,  compensation  or  other  emolument  J'oVe^som 
shall  be  paid  to  any  one  appointed  to  or  retained  in  any  position  violation 
in  violation  of  this  act.  Any  officer  approving  or  paying  such 
salary  shall  be  liable  for  such  sum  on  his  official  bond.  When- 
ever the  commission  shall  notify  the  auditing  officer  that  any 
position  has  been  filled  in  violation  of  this  act  or  any  of  the 
rules  and  regulations  thereunder,  no  demand  for  the  salary  or 
compensation  or  other  emolument  of  such  position  shall  be  ap- 
proved or  paid  except  upon  the  order  of  a  court  of  competent 
jurisdiction. 

Sec.  22.    Any  person  acting  in  good  faith  in  accepting  po^^Jer^iS^s't 
appointment  or  employment  contrary  to  the  provisions  of  this  ScceptSr^ 
act  or  of  the  rules  and  regulations  prescribed  thereunder,  shall  m  gpd'^^''^ 
be  paid  by  the  appointing  power  the  compensation  promised 
by  or  on  behalf  of  the  appointing  power  or  in  case  no  com- 
pensation is  so  promised  then  the  actual  value  of  any  service 
rendered  and  the  expense  incurred  in  good  faith  under  such 
attempted  appointment  or  employment,  and  shall  have  a  cause 
of  action  against  the  appointing  power  for  such  sum  or  sums 


142 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Witness 
fees. 


and  for  the  costs  of  action.    No  public  officer  shall  be  reim- 
bursed by  the  state  or  any  of  its  instrumentalities  for  any  sum 
so  paid  or  recovered  in  such  action. 
Political         Sec.  23.    No    recommendation    or    question    or  inquiry 

and  religious  .  pi-  ini  i  t   '  ^ 

reconimenda-  uudcr  thc  authority  01  this  act  shall  relate  to  the  political  or 
religious  opinions  or  affiliations  of  any  person,  and  no  appoint- 
ment or  change  in  or  removal  from  any  position  under  the  pro- 
visions of  this  act  shall  be  in  any  manner  affected  or  influenced 
by  such  opinions  or  affiliations. 

Sec.  24.  Witnesses  and  officers  to  subpcena  and  secure 
the  attendance  of  witnesses  before  the  commission,  or  any  com- 
missioner, or  the  chief  examiner  or  other  authorized  agent  of  the 
commission,  shall  be  entitled  to  the  same  fees  as  are  allowed 
witnesses  in  civil  cases  in  courts  of  record.  Such  fees  need  not 
be  prepaid,  but  the  controller  shall  draw  his  warrant  for  the 
payment  of  the  amount  thereof  when  the  same  shall  have  been 
certified  to  by  the  commission  and  duly  proved  by  affidavit  or 
otherwise  to  the  satisfaction  of  the  controller. 

Sec.  25.  Any  person  wilfully  violating  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor. 

Sec.  26.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed  in  so  far  as  they  are  inconsistent  with 
the  provisions  of  this  act. 

Sec.  27.  There  is  hereby  appropriated  the  sum  of  fifty 
thousand  dollars  for  carrying  into  effect  the  provisions  of  this 
act,  and  for  defraying  the  expenses  of  the  commission  during 
the  biennial  term  of  1913-1914. 


Penalty. 


C(jmmis- 
sions,  sale 
of  harbor 
bonds. 


AN  ACT 

Authorizing  the  state  treasurer^  upon  the  approval  of  the  gov- 
ernor and  the  board  of  control^  to  enter  into  agreements 
to  pay  commissions  on  the  sale  of  certain  bonds  of  the 
state  of  California^  appropriating  money  for  such  purpose 
and  providing  for  the  transfer  of  msney  from,  the  San 
Francisco  harbor  improvement  fund  to  the  general  fund 
of  the  state  treasury. 

[Approved  June  IG,  1913.    In  effect  August  10,  1913.] 

The  people  of  the  State  of  California  do  enact  as  follows: 

Section  1.  The  state  treasurer,  upon  the  approval  of  the 
governor  and  the  board  of  control,  is  hereby  authorized  to 
enter  into  agreements  to  pay  commissions  for  services  rendered 


LAWS  AND  STATUTES. 


143 


in  the  procuring  of  bids  for  all  or  any  portion  or  portions  of 
the  state  bonds  issued  under  the  provisions  of  an  act  entitled, 
''An  act  to  provide  for  the  issuance  and  sale  of  state  bonds 
to  create  a  fund  for  the  improvement  of  San  Francisco 
harbor  by  the  construction  by  the  board  of  state  harbor  com- 
missioners of  wharves,  piers,  state  railroad,  spurs,  better- 
ments and  appurtenances  and  necessary  dredging  and  filling 
in  connection  therewith  in  the  city  and  county  of  San  Fran- 
cisco ;  to  create  a  sinking  fund  for  the  payment  of  said  bonds ; 
to  define  the  duties  of  state  officers  in  relation  thereto ;  to  make 
an  appropriation  of  five  thousand  dollars  for  the  expense  of 
printing  said  bonds ;  and  to  provide  for  the  submission  of  this 
act  to  a  vote  of  the  people,''  approved  March  20,  1909. 

No  asrreement  shall  be  entered  into  by  the  state  treasurer  xot 

^  greater  than 

to  pay  a  greater  commission  than  ten  per  cent  of  the  par  ten  per  cent, 
value  of  the  bonds  sold,  and  no  commission  shall  be  paid  for 
services  rendered  except  to  one  who  has  procured  and  effected 
the  sale  and  not  until  the  money  from  the  sale  of  such  bonds 
has  been  paid  into  the  state  treasury. 

Sec.  2.  There  is  hereby  appropriated  out  of  any  money  Appropria- 
in  the  state  treasury  not  otherwise  appropriated  the  sum  of 
five  hundred  thousand  dollars  to  be  used  for  the  purposes  of 
this  act ;  provided,  that  when  any  money  herein  appropriated 
is  used  to  pay  a  commission  on  the  sale  of  such  bonds,  a  like 
amount  of  money  shall  be  transferred  from  the  San  Fran- 
cisco harbor  improvement  fund  to  the  general  fund  of  the 
state  treasury  within  five  years  from  the  date  of  payment 
of  said  commission,  and  the  state  treasurer  and  state  controller 
are  hereby  authorized  and  directed  to  complete  such  transfer 
in  equal  yearly  installments,  the  first  of  such  installments 
being  payable  one  year  from  the  date  of  payment  of  such 
commission  and  so  on  until  all  the  installments  are  paid. 

Sec.  3.  The  board  of  state  harbor  commissioners  are  hereb;^^ 
authorized  and  directed  by  the  collection  of  dockage,  tolls,  rents 
and  cranage,  to  collect  a  sum  of  money  sufficient  for  the  pur- 
poses of  this  act,  over  and  above  the  amount  limited  by  section 
two  thousand  five  hundred  and  twenty-six  of  the  Political 
Code  of  the  State  of  California. 


144 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


ASSEMBLY  CONCURRENT  RESOLUTION  NO.  40, 

Relative  to  setting  aside  for  aquatic  sports  certain  submerged 
lands  lying  along  the  tvater  front  of  the  city  and  county  of 
San  Francisco. 

[Filed  with  Secretary  of  State  June  2,  1913.] 

aquatic  Whereas,  The  proposed  extension  of  the  Belt  railroad 

l^i°n  Fran-    along  the  water  front  of  the  city  and  county  of  San  Francisco 

Cisco  bay.  c*    t  np 

across  the  water  lots  of  Jeiierson  street  to  the  United  States 
transport  docks  will  wipe  out  the  boat  clubs  at  the  foot  of 
Van  Ness  avenue  by  reason  of  their  being  shut  off  from  open 
water ;  and 

Whereas,  It  is  the  sentiment  of  the  majority  of  the  people 
of  San  Francisco  that  a  site  be  set  aside  for  the  use  of  the 
San  Francisco  yachting,  swimming  and  boating  public,  such 
sentiment  having  been  shown  at  the  recent  bond  election  for 
an  aquatic  park  by  the  more  than  majority  vote  therefor;  and 

Whereas,  In  the  cove  at  the  foot  of  Van  Ness  avenue  there 
are  between  two  and  three  blocks  of  land  of  which  a  portion  is 
hereinafter  described,  which  being  submerged  and  owned  by 
the  State  of  California  is  not  now  being  used ;  and 

Whereas,  Said  water  lots  owned  by  the  state  are  available 
for  said  yachting,  swimming  and  boating  purposes; 

Resolved  hy  the  assembly^  the  senate  concurring^  That  the 
board  of  state  harbor  commissioners  be  requested  to  set  aside 
for  the  use  of  the  yachting,  swimming  and  boating  public  of 
San  Francisco  and  for  the  use  of  bona  fide  amateur  yachting, 
swimming  and  boating  clubs  of  San  Francisco,  the  water 
lots  comprising  one  state  block  owned  by  the  State  of  Cali- 
fornia and  bounded  by  Polk  and  Larkin,  and  Tonquin  and 
Lewis  streets,  city  and  county  of  San  Francisco. 


LxlWS  AND  STATUTES. 


145 


AN  ACT 

Granting  certain  rights  and  water  privileges  to  the  California 
Dry  Dock  Company. 

(Approved  March  28,  1868.) 

The  people  of  the  State  of  California,  represented  in  senate 
and  assemhly,  do  enact  as  follows: 
Section  1.  The  California  Dry  Dock  Company  is  hereby  ^^^^^'^^ 
authorized  and  empowered  to  extend  its  works  into  the  bay  f^^^l^^^ 
of  San  Francisco  to  the  depth  of  at  least  thirty  feet  at  low 
water,  in  front  of  the  land  now  owned  by  the  said  company ; 
provided,  the  line  to  which  said  extension  is  made  shall  be  a 
curve  of  eighteen  hundred  feet  radius,  whose  center  shall 
be  taken  in  the  northerly  line  of  Seventh  avenue,  at  a  point 
two  hundred  and  fifty  feet  easterly  from  the  intersection  of 
said  line  with  the  easterly  line  of  A  street,  as  now  laid  down 
on  the  maps  of  the  lands  of  the  South  San  Francisco  Home- 
stead and  Railroad  Association  filed  in  the  office  of  the  recorder 
of  the  city  and  county  of  San  Francisco  on  April  fifteenth, 
eighteen  hundred  and  sixty-seven.  The  said  curve  shall  com- 
mence at  a  point  in  the  northerly  line  of  Fifth  avenue  extended 
into  the  bay,  and  thence  running  northerly  and  westerly  to  a 
point  one  hundred  and  fifty  feet  westerly  from  the  w^esterly 
line  of  A  street  extended  into  the  said  bay ;  and  the  said  Dry 
Dock  Company  shall  be  entitled  to  all  the  right  of  the  State 
of  California  to  the  overflowed  lands  embraced  within  the 
said  curve  and  in  front  of  the  land  now  owned  by  said  com- 
pany, and  the  same  is  hereby  released  to  it  and  its  successors 
forever;  provided,  that  the  front  boundary  line  of  the  land 
granted  by  this  act  shall,  if  so  required,  be  made  to  conform 
to  the  front  line  of  the  city  of  San  Francisco,  as  and  when 
the  same  shall  be  hereafter  established,  and  that  no  permanent 
structure  or  obstruction  of  any  kind  shall  ever  be  placed 
outside  of  said  curve  line  so  as  to  interfere  with  the  navigation 
of  said  bay;  and  provided  further,  the  said  company,  its  sue-  Touand 
cessors  and  assigns,  shall  not  at  any  time  hereafter  demand  or 
receive  toll,  dockage  or  wharfage  for  shipping  that  may  here- 
after land  or  lie  at  any  wharf,  bulkhead  or  other  structure 
said  company,  its  successors  or  assigns,  may  erect. or  make  upon 
said  land,  except  for  such  shipping  as  may  land  or  lie,  as 
aforesaid,  for  purpose  or  purposes  connected  with  the  actual 
business  of  the  said  Dry  Dock  Company. 

10-11204 


146 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


Conditions.  Sec.  2.  The  errant  of  said  overflowed  land  is  made  on  the 
express  condition  that  the  California  Dry  Dock  Company  shall 
pay  the  value  thereof,  of  not  less  than  two  hundred  dollars 
per  acre,  to  be  ascertained  and  appraised,  by  the  State  Harbor 
Commissioners ;  and  shall  also  expend  thereon,  and  on  the  land 
adjacent  thereto  now  owned  by  said  company,  including  the 
amount  already  expended  in  the  construction  of  a  dry  dock 
or  docks  and  for  other  purposes  connected  therewith,  at  least 
two  hundred  and  fifty  thousand  dollars  within  twelve  months 
from  the  passage  of  this  act.  The  said  Dry  Dock  Company  is 
authorized  to  have  a  survey  made  at  its  own  expense,  by  the 
surveyor  of  the  city  and  county  of  San  Francisco,  of  the  said 
overflowed  land;  and  on  the  approval  of  his  survey  by  the 
surveyor-general,  and  upon  the  payment  to  the  treasurer  of 
the  state,  to  the  credit  of  the  wharf  and  dock  fund,  the  value 
of  said  land  so  ascertained,  the  register  of  the  state  land  office 
shall  certify  said  approval  and  paA^ment  to  the  governor, 
w^hereupon  a  patent  shall  issue  for  said  land  to  the  said  Cali- 
fornia Dry  Dock  Company. 

Sec.  3.    This  act  shall  take  eff:ect  from  and  after  its  passage. 


LAWS  AND  STATUTES. 


147 


PENAL  CODE. 

SEC.    613.      THROWING    OVERBOARD    BALLAST,    OR  OTHERWISE 
OBSTRUCTING   THE   NAVIGATION   OF  ANY   HARBOR,  ETC. 

Every  person  who,  within  the  anchorage  of  any  port,  harbor.  Penalty  for 

.  '   (iumping  ob- 

or  cove  oi  this  state,  into  which  vessels  may  enter  for  the  pur-  i^jtrtSay 
pose  of  receiving  or  discharging  cargo,  throws  overboard  from 
any  vessel  the  ballast,  or  any  part  thereof,  or  who  otherwise 
places  or  causes  to  be  placed  in  such  port,  harbor,  or  cove,  any 
obstructions  to  the  navigation  thereof,  is  guilty  of  a  misde- 
meanor. [Statutes  1861,  p.  224,  Sec.  3;  1864,  p  138;  reenacted 
February  14,  1872.] 

SEC.  642.    COLLECTING  TOLLS,  ETC.,  AT  SAN  FRANCISCO  WITHOUT 
AUTHORITY. 


nor 

to  collect 
tolls  or 
emove 


Limitation 
of  hours 
of  daily 
■vice 
on 
Ijlic 
■orlvs. 


Every  person  who  collects  any  toll,  wharfage,  or  dockage,  or  Misnemea 
lands,  ships,  or  removes  any  property  upon  or  from  any  portion  [. 
of  the  water  front  of  San  Francisco,  or  from  or  upon  any  of  i^ut 
the  wharves,  piers,  or  landings  under  the  control  of  the  board  the^bofrd. 
of  state  harbor  commissioners,  without  being  by  such  board 
authorized  so  to  do,  is  guilty  of  a  misdemeanor.  [Enacted 
February  14,  1872.] 

SEC.  653c.     UNLAWFUL     TO     PERMIT     WORKMEN     UPON  PUBLIC 
WORKS    TO    WORK    MORE    THAN     EIGHT    HOURS    PER  DAY. 

The  time  of  service  of  any  laborer,  workman,  or  mechanic 
employed  upon  any  of  the  public  works  of  the  State  of  Cali-  11 
fornia,  or  of  any  political  subdivision  thereof,  or  upon  work  Si 
done  for  said  state,  or  any  political  subdivision  thereof,  is  ' 
hereby  limited  and  restricted  to  eight  hours  during  any  one 
calendar  day ;  and  it  shall  be  unlawful  for  any  officer  or  agent 
of  said  state,  or  of  any  political  subdivision  thereof,  or  for  any 
contractor  or  subcontractor  doing  work  under  contract  upon 
any  public  works  aforesaid,  who  employs,  or  who  directs  or 
controls,  the  work  of  any  laborer,  workman,  or  mechanic, 
employed  as  herein  aforesaid,  to  require  or  permit  such  laborer' 
workman,  or  mechanic,  to  labor  more  than  eight  hours  during 
any  one  calendar  day,  except  in  cases  of  extraordinary  emei^- 
gency,  caused  by  fire,  flood,  or  danger  to  life  or  property,  or 
except  to  work  upon  public  military  or  naval  defenses  or 
works  in  time  of  war.    Any  officer  or  agent  of  the  State  of  cont. 
California,  or  of  any  political  subdivision  thereof,  making  or  ^^iH^i 
awarding,  as  such  officer  or  agent,  any  contract,  the  execution   '''''  ' 
of  which  involves,  or  may  involve,  the  employment  of  any 


ract  to 
contain 
jertain 
stipulations. 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


laborer,  workman,  or  mechanic  upon  any  of  the  public  works, 
or  upon  any  work,  hereinbefore  mentioned,  shall  cause  to  be 
inserted  therein  a  stipulation  which  shall  provide  that  the 
contractor  to  whom  said  contract  is  awarded  shall  forfait,  as  a 
penalty,  to  the  state  or  political  subdivision  in  whose  behalf 
the  contract  is  made  and  aAvarded,  ten  dollars  for  each  laborer, 
workman,  or  mechanic  employed,  in  the  execution  of  said 
contract  by  him,  or  by  any  subcontractor  under  him,  upon  any 
of  the  public  works,  or  upon  any  work,  hereinbefore  men- 
tioned, for  each  calendar  day  during  which  such  laborer,  work- 
man, or  mechanic  is  required  or  permitted  to  labor  more  than 
eight  hours  in  violation  of  the  provisions  of  this  act;  and  it 
shall  be  the  duty  of  such  officer  or  agent  to  take  cognizance 
of  all  violations  of  the  provisions  of  said  act  committed  in 
the  course  of  the  execution  of  said  contract,  and  to  report  the 
same  to  the  representative  of  the  state  or  political  subdivisions, 
party  to  the  contract,  authorized  to  pay  to  said  contractor 
moneys  becoming  due  to  him  under  the  said  contract,  and  said 
representative,  Avhen  making  payment  of  moneys  thus  due, 
shall  withhold  and  retain  therefrom  all  sums  and  amounts 
which  shall  have  been  forfeited  pursuant  to  the  herein  said 
stipulation.  Any  officer,  agent,  or  representative  of  the  State 
of  California,  or  of  any  political  subdivision  thereof,  who  shall 
violate  any  of  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  misdemeanor,  and  shall  upon  conviction  be  punished 
by  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment, not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court.  [Statutes  1905, 
p.  666.] 

SEC.  653d.    RETAINING  WAGES  OF  EMPLOYEE. 

Every  person  who  employs  laborers  upon  public  works,  and 
who  takes,  keeps,  or  receives  for  his  own  use  any  part  or  por- 
tion  of  the  wages  due  to  any  such  laborers  from  the  state  or 
municipal  corporation  for  which  such  work  is  done,  is  guilty 
of  a  felony.    [Statutes  1905,  p.  667.] 


LAWS  AND  STATUTES. 


149 


CONSTITUTION  OF  CALIFORNIA. 

ARTICLE  XIII,  SECTION  I34. 

Section  1^    All  bonds  hereafter  issued  by  the  State  of  Harbor^^ 
California,  or  by  any  county,  city  and  county,  municipal  cor- 
poration,  or  district  (including  school,  reclamation  and  irriga- 
tion  districts)  within  said  state,  shall  be  free  and  exempt  from 
taxation.    [Amendment  adopted  November  4,  1902.] 

article  XV,  SECTIONS  1,  2  AND  3. 

Section  1.  The  right  of  eminent  domain  is  hereby  declared 
to  exist  in  the  state  to  all  frontages  on  the  navigable  waters  of 
this  state. 

Sec.  2.  No  individual,  partnership,  or  corporation,  claim- 
ing or  possessing  the  frontage  or  tidal  lands  of  a  harbor,  bay, 
inlet,  estuary,  or  other  navigable  water  in  this  state,  shall  be 
permitted  to  exclude  the  right  of  way  to  such  water  whenever 
it  is  required  for  any  public  purpose,  nor  to  destroy  or  obstruct 
the  free  navigation  of  such  water;  and  the  legislature  shall 
enact  such  laws  as  will  give  the  most  liberal  construction  to 
this  provision,  so  that  access  to  the  navigable  waters  of  this 
state  shall  always  be  attainable  for  the  people  thereof. 

Navigable  Waters. — If  dams  upon  tidewater  sloughs,  though 
the  sloughs  be  not  themselves  navigable,  result  in  the  obstruction 
of  a  navigable  stream,  they  constitute  a  public  nuisance,  and  are 
forbidden  by  this  section.     {People  vs.  Russ,  132  Cal.  102.] 

Sec  3.  All  tide  lands  within  two  miles  of  any  incorporated 
city  or  town  in  this  state,  and  fronting  on  the  waters  of  any 
harbor,  estuary,  bay,  or  inlet  used  for  the  purposes  of  naviga- 
tion, shall  be  withheld  from  grant  or  sale  to  private  persons, 
partnerships,  or  corporations. 

article  XIX,  SECTION  3. 

Section  3.  No  Chinese  shall  be  employed  on  any  state,  cMnese^ 
county,  municipal,  or  other  public  work,  except  in  punish-  employed 

.  work. 

ment  tor  crime. 

ARTICLE  XX,  SECTION  17. 

Section  17.    The  time  of  service  of  all  laborers  or  work- Hours  of 

r,      -,      labor  on 

men  or  mechanics  employed  upon  any  public  works  ot  the  pubuc 
State  of  California,  or  of  any  county,  city  and  county,  city, 
town,  district,  township,  or  any  other  political  subdivision 
thereof,  whether  said  work  is  done  by  contract  or  otherwise, 
shall  be  limited  and  restricted  to  eight  hours  in  any  one  calen- 


150 


BOARD  OF  STATE  HARBOR  COMMISSIONERS. 


dar  day,  except  in  cases  of  extraordinary  emergency  caused  by 
fire,  flood,  or  danger  to  life  and  property,  or  except  to  work 
upon  public,  military,  or  naval  works  or  defenses  in  time  of 
war,  and  the  legislature  shall  provide  by  law  that  a  stipulation 
to  this  effect  shall  be  incorporated  in  all  contracts  for  public 
work  and  prescribe  proper  penalties  for  the  speedy  and  efficient 
enforcement  of  said  law.  [Amendment  adopted  November  4, 
1902.] 


BOARDS  OF  HARBOR  COMMISSIONERS. 


151 


BOARDS  OF  STATE  HARBOR  COMMISSIONERS. 


First  Board— C,  L.  Taylor,  appointed  November  4,  1863;  D.  C. 
MeRiier,  appointed  November  4,  1863;  S.  S.  Tilton,  appointed  Novem- 
ber 4,  1863. 

Second  Board— C.  L.  Taylor;  S.  S.  Tilton;  James  Laidley,  appointed 
November  6,  1865. 

Third  Board— S.  Tilton;  James  Laidley;  James  H.  Cutter,  ap- 
pointed November  4,  1867. 

Fourth  Board— James  H.  Cutter;  John  J.  Marks,  appointed  Decem- 
ber 6,  1869;  Jasper  OTarrell,  appointed  January  15,  1870. 

Fifth  Board— John  J.  Marks;  Jasper  O'Farrell;  Washington  Bart- 
lett,  appointed  June  23,  1870. 

Sixth  Board— John  J.  Marks;  Jasper  O'Farrell;  John  Rosenfeld, 
appointed  November  29,  1871. 

Seventh  Board — John  Rosenfeld;  Jasper  O'Farrell;  Lewis  Cunning- 
ham, appointed  March  1,  1873. 

Eighth  Board — Lewis  Cunningham;  John  Rosenfeld;  Samuel  Soule, 
appointed  March  13,  1873. 

Ninth  Board — Lewis  Cunningham;  Samuel  Soule;  T.  D.  Mathewson, 
appointed  June  5,  1873. 

Tenth  Board— Samuel  Soule;  T.  D.  Mathewson;  D.  C.  McRuer, 
appointed  April  21,  1874. 

Eleventh  Board — Wm.  Blanding,  appointed  March  4,  1876 ;  Bruce  B. 
Lee,  appointed  March  4,  1876;  A.  M.  Burns,  appointed  March  4,  1876. 
Frank  McCoppin  succeeded  Burns  October  28,  1879. 

Twelfth  Board — Wm.  Blanding;  G.  S.  Evans,  appointed  January  27, 
1880 ;  Wm.  A.  Phillips,  appointed  March  4,  1880. 

Twelfth  and  Thirteenth  Boards— ^Nm.  Blanding;  Wm.  H.  Knight, 
appointed  November  23,  1882;  Geo.  S.  Evans;  Wm.  A.  Phillips. 

Fourteenth  and  Fifteenth  Boards — Wm.  Irwin,  appointed  March  20, 
1883;  died  March  1,  1886;  A.  C.  Paulsell,  appointed  March  20,  1883; 
John  H,  Wise,  appointed  March  20,  1883.  Frank  McCoppin  succeeded 
Irwin  April  1,  1886. 

Sixteenth  Board — AVilliam  D.  English,  appointed  March  13,  1887; 
A.  C.  Paulsell;  John  H.  Wise. 

Seventeenth  Board — William  D.  English;  A.  C.  Paulsell:  Charles  0. 
Alexander,  appointed  March  13,  1889. 


152 


BOARDS  OP  HARBOR  COMMISSIONERS. 


Eighteenth  Board — William  D.  English;  Charles  0.  Alexander; 
William  H.  Brown,  appointed  March  13,  1890. 

Nineteenth  Board — C.  F.  Bassett,  appointed  March  31,  1893  ;  Charles 
0.  Alexander;  William  H.  Brown. 

Ttventieth  Board — C.  F.  Bassett;  William  H.  Brovm;  Dan  T.  Cole, 
appointed  March  13,  1893. 

Twenty-first  Board — C.  F.  Bassett;  Dan  T.  Cole;  F.  S.  Chadbourne, 
appointed  March  13,  1894. 

Twenty-second  Board — E.  L.  Colnon,  appointed  March  14,  1894;  Dan 
T.  Cole ;  F.  S.  Chadbonrne. 

Tiventy-third  Board — E.  L.  Colnon;  F.  S.  Chadbourne;  P.  J.  Harney, 
appointed  March  20,  1897. 

Twenty-fourth  Board — E.  L.  Colnon;  P.  J.  Harney;  Rudolph  Herold, 
Jr.,  appointed  March  13,  1898. 

Twenty-fifth  Board — Paris  Kilburn,  appointed  March  14,  1899 ;  P.  J. 
Harney;  Rudolph  Herold,  Jr. 

Tiventy-sixth  Board — Chas.  H.  Spear,  appointed  March  16,  1903 ; 
John  C.  Kirkpatrick;  John  D.  Mackenzie. 

Twenty-seventh  Board — W.  V.  Stafford,  appointed  March  19,  1907; 
Henry  J.  Crocker;  W.  E.  Dennison. 

Twenty-eighth  Board— W.  V.  Stafford;  W.  E.  Dennison;  P.  S.  Teller, 
appointed  April  1,  1909. 

Twenty-ninth  Board— V.  Stafford ;  P.  S.  Teller ;  George  M.  Hill, 
appointed  January  7,  1911. 

Thirtieth  Board — Marshal  Hale,  appointed  March  26,  1911;  George 
M.  Hill;  J.  J.  Dwyer,  appointed  March  26,  1911. 

Thirty-first  Board— J,  J.  Dwyer;  George  M.  Hill,  died  July  10,  1912; 
Thomas  S.  Williams,  appointed  July  27,  1911. 

Thirty-second  Board — J.  J.  Dwyer;  Thomas  S.  Williams;  John  H. 
McCallum,  appointed  July  30,  1912. 


INDEX. 


A 

Page. 

Abandoned  water  craft — Sale  by  chief  wharfinger   26 

Accounting  for  state  moneys   85 

Accounts — To  be  kept  by  secretary   5 

Duty  of  secretary  to  account  to  state  controller   5 

Settlement  of  accounts  of  w^harfingers  and  collectors   5 

Actions  by  Commissioners   7 

Condemnation  of  lands  for  streets   18 

Condemnation  for  construction  of  seawall   4G 

Condemnation  of  East  street  50,  46,  58 

Condemnation  of  India  Basin  lands   121 

Effect  of  statutory  amendment  on  pending   29 

By  materialmen  or  w^orkmen   62 

Actions  against  state — Who  may  sue   57 

Attorney  general  to  defend   57 

Judgment   58 

Costs,  security  for   58 

Limitations    57 

Payment  of  judgment   58 

Adjustment  of  wharfage  rates   48 

Advertisements — Abandoned  water  craft   26 

Bids  for  public  buildings   60 

Contents  of,  for  bids   12 

Leases,  bids  for   19 

Notice  of  sale  of  seaw^all  bonds   102 

Place  of  and  newspaper   82 

Proposals  for  seawall  "   23 

Purchase  of  chemicals  without   12 

Rules  and  regulations   13 

Sale  of  state  bonds  for  depot   52 

Sale  of  India  basin  bonds   115 

Sale  of  harbor  improvement  bonds   107 

For  supplies   61 

Agent  of  vessel,  employees  not  to  be   28 

Anchorage — Duties  of  wharfinger  as  to   25 

Regulation  of   14 

Animals — Landings  for   15 

Number  to  be  landed  at  one  time   15 

Appointment  of  harbor  commissioners   3 

Of  officers  and  employees   4,  134 

Of  board  of  control   31 

Aquatic  sports,  setting  apart  property  for  17, 144 

Assistant  secretary — Appointment  and  duties   4,  5 

Salary   30 

Term  of  office  1   137 

Attorney — Appointment  and  term  of  office   4 

Duties  of   5 

Salary    30 

Attorney   general — Duties   30,  31 

Appointment  of  deputies  by   30 

To  have  charge  of  legal  matters   30 

Defense  of  suit  against  state   57 

Engineering  department's  legal  advisor   97 


154 


INDEX. 


B  Page. 

Ballast,  dumping  in  harbor  prohibited  .   147 

Belt  railway — Construction  and  regulation  16,  124 

Connecting  of  dock  with  free  market   74 

Berths — Assignment  of,  to  vessels   6 

Assignment  of  exclusive   46 

Bids — Certified  checks  to  accompany   12,24 

For  construction  and  repair  of  wharves   11,12 

For  leases  .   19,  45 

Necessity  of  advertising  for   12 

Opening  of,  in  general   12 

Opening  of,  for  seawall   23 

For  construction  of  public  buildings   60 

Rejection  of   12 

Seawall  lot  leases   45 

Boards  of  state  harbor  commis>sioners,  past   151 

Board  of  state  harbor  commissioners,  sec  Harbor  Commissioners. 

Board  of  control — Creation  of  board   31 

Appointment  and  term  of  office   31 

Appointment  of  officers  by   32 

Bonds  of   31 

Chairman  of,  how  chosen   31 

Chairman,  duties   32 

Contracts,  submitted  to   38 

Duties  of   31-40 

Department  of  public  accounting   39,  40 

Examination  of  books  by   33,  40 

May  purchase  bonds   37 

Money  in  estate  of  deceased  persons'  fund   36 

Record  of  proceedings  .  32 

Reports   33,34,40 

Sale  of  state  property   37 

Salaries    32 

Secretary  and  clerks   32 

Sessions  of  board   32 

School  laud  fund   36 

A'ice-chairman   32 

Visiting  state  institutions  i   33 

Board  of  public  works,  abolished  and  superseded   90,  98 

Bonds — Of  commissioners   4 

Of  members  of  board  of  control   31 

(Jhief  engineer   G 

Collectors  and  wharfingers   6 

Commission  on  sale  of   142 

Cities  may  issue  bonds   106 

Contracts   12 

Engineering  department   96 

p]xemption  from  taxation   119 

Ferry  depot  bonds   51-55 

Free  market,  officers  of   74 

India  basin  115-120 

Materialmen,  security  for   62 

Official  bonds,  requisites   28 

Payment  of  premium  on   82 

San  Francisco  harbor  improvement  .  — 107-113 

Seawall  bonds  76-81,  100-105 

Secretary'    5 

Assistant  secretary   5 

Time  of  filing   5 


INDEX. 


155 


Page. 

Books — Authority  of  board  to  purchase   11 

Duty  of  secretary  to  keep   5 

Examined  by  board  of  control   3:>> 

Buildings — Bids  for  construction   r/,),  (>0 

Contracts  for   59 

C 

Cattle — Landings  for   15 

Number*  to  be  landed  at  one  time   I.5 

Central  basin  under  jurisdiction  of  board   44 

Change  of  place  of  trial  of  action  against  state   .17 

Channel  street,  jurisdiction  over   44 

Checks — Forfeiture  of,  on  failure  to  give  bond   12,24 

Necessity  for  certified  check  to  accompany  bid   12,  24 

Chief  engineer — Bond  and  oath   0 

Duties    of   .5.  () 

Register  of  work  to  be  kept  by   0 

Salary    30 

Chief  wharfinger — Appointment  and  term  of  office  '   4 

Abandoned  water  craft,  sale  by   2G 

Bond  and  oath  of   0 

Premium   on   bond   S2 

Collisions,  powers  over   25 

Duties  and  powers  (5,  o.".  20 

Salary    30 

Territorial  limits  of  jurisdiction  :  1   21 

China  basin  under  jurisdiction  of  board   44 

Chinese — Employment  of  on  seawall   24 

Not  to  be  employed  on  public  works   147 

Claims  against  state   33.  34 

Controller  may  draw  warrant,  when   33,  34 

Claimant  may  appeal  to  legislature.   3.5 

Recommendation  to  legislature   .34 

Claims — Action  against  state  on  .   57 

Of  materialmen  or  workmen   62 

Collections  to  be  in  gold  or  silver   29 

Collectors — Accounts  and  settlement  of   5 

Bond  and  oath   (3 

Bond,    premium    on   82 

Duties    (3 

P'ixing  of  compensation  and  bond   48 

Salary    3O 

To  be  special  policemen   29 

Collections — Limitation  on   18 

Collisions — PoAvers  of  chief  wharfinger  over   25 

Commissioners — Appointment  and  term  of  office   .3 

Appointment  on  failure  of  confirmation  by  senate   3 

Assignment  of  exclusive  berths  by   46 

Bond    4 

Bond,  payment  of  premium  on   82 

Interest  in  seawall  contract  prohibited   24 

Number    3 

Salary   ^   3O 

Vacancy  in  office,  how  filled   3 

See,  also,  Harbor  Commissioners. 

Compensation — Ex  officio  officers   .30 

Minimum   rate  for  labor   63 

Compromise  with  claimants  to  water  lots   41 


INDEX. 


Page. 

Condemnation — India  basin  lands  _   121 

Lands  north  of  India  basin  to  Islais  creek  ^"-i   121 

Land   for  ferry  terminal   58 

Land  for  streets   18 

East  street   40 

Property  needed  for  alignment  of  East  street   56 

For  construction  of  seawall   46 

Damages,  how  paid    46 

Contracts — Advertising  for  proposals  12,  23 

Award  without  bids   1^ 

Bond  to  secure  materialmen   62 

Bond  on  award  of.   12 

Certified   check   to   accompany   bid  12,  24 

Eight-hour  day  -  28,  64,  65.  68,  147-148 

Impairment  of  existing,  by  amendments   29 

Limit  of  expenditures   18 

Record  to  be  kept  by  secretary   5 

Seawall    construction  23,  24 

Seawall  private  contract  for   23 

Signatures  of  commissioners  and  secretary   .  19 

Submitted  to  board  of  control   38 

Work  exceeding  $3,000  to  be  done  by   12 

Controller — Drafts   on   20 

See,  also  Board  of  Control. 

Costs,  security  for,  in  actions  against  state   57 

Cranage.     See  Wharfage. 

Civil  service  commission  126-142 

Counsel,  special.    See  Attorney-General. 

Cities  may  issue  bonds,  levy  and  collect  taxes  105-107 

May  turn  over  bonds  to  harbor  commissioners  .   106 

D 

Damages — On  condemnation  for  seawall,  how  paid   46 

Powers  of  chief  wharfinger  in  collision  cases   25 

Day's  work,  eight  hours  to  be  28,  64,  65,  68,  147-148 

Debris  commission — Abolished  

Consviltation  of  state  engineer  with   94 

Dedication — Basins  and  channels   44 

Seawall  declared  a  public  use   46 

Demurrage,   power  to   charge   14 

Department  of  engineering.    See  Engineering  Department. 

Depots — Construction,  setting  apart  and  rent  of   48 

See  Ferry  Depot  Bonds. 

Dockage — Anchored  vessels  exempt  from  _  

Charges   in   general   1^ 

Charges  for  exclusive  use  of  berths   46 

Increase  of  rates  of   1^ 

Collection  of  18, 123 

Limit  of  money  to  be  collected   18 

Penalty  for  leaving  without  paying  l^^  49 

Rates  chargeable  by  lessees-  

See,  aUo,  Wharfage. 

Docks,    See  Wharves. 

Draining  of  lands  

Drawbridges  in  seawall  across  channels   44 

Dredgers — Authority  to  purchase   1^ 


INDEX.  157 

Page. 

Dredging- — Authority  to  dredge   13 

Chief  engineer's  report  as  to  necessity  for   6 

Construction  of  seawall   24 

Deposit  of  dredged  substances   13 


Use  of  state  dredger  on  private  work  prohibited   7 

Dry  dock  basin,  jurisdiction  over   44 

Dry   docks  15,123 

Collection  of  tolls  for  use   123 

Disposition  of  moneys  collected   123 

E 

East  street  (The  Embarcadero) — Alignment,  rectification  of  55,50 

Condemnation  of  40,  50,  58 

Construction  and  location   42 

Construction  of  wharves  on  _   43 

Grant  of  use  for  offices,  etc   43 

Jurisdiction  of  board  over  43,  55,  o(\ 

Obstructions,  how  removed   43 

Repair  of   43 

Sidewalks    43 

Width    42 

Eight-hour  day  -  28,  04,  05,  08,  147-148 

Elections — India  basin  bonds   110 

Ratification  of  seawall  bonds  81, 104 

San  Francisco  depot  act   54 

San  Francisco  harbor  improvement  act  of  1909   112 

Eminent  domain — For  seawall   40 

East  street  (The  Embarcadero)  40,50,58 

Property  north  of  India  basin   121 

Right  of  state  to  all  water  fronts   149 

See,  also,  Condemnation. 

Employees— Appointment  or  removal  7,  132,  137 

Compensation   30,  03 

Not  to  be  agents  or  consignees  of  vessels   28 

Qualifications  of   ^  28,  149 

Retaining  wages  of,  a  felony   148 

Engineering  department — Creation   87 

Advisory  board,  duties   87 

Advisory  board,  meetings    87 

Appropriation  for  salaries   97 

Architect  :   8S 

Assistant  state  engineer  assigned  to  harbor  commissioners  _   93 

Assistants  and  employees  .  88,  89 

Bonds  of  officers  .  88,  97 

Consulting  board   87 

Cooperation  with  federal  government   94 

Debris  commission,  construction  work  by   95 

Drainage  and  reclamation   91 

Draughtsman  assigned  to  harbor  commissioners   94 

Highways,  control  over  91,  92 

Highway  engineers  and  assistants   89 

Inspectors'  reports   90 

Oaths  of  officers   97 

Plans  for  public  work   90 

River  and  harbor  improvements   91 

Rooms  in  ferry  building  .   88 

Salaries   90,  97 

State  engineer,  appointment,  bond,  duties  and  term  of  office   88 


158  INDEX. 

Eni^ineering-  department — Continued.                                          '  Page. 

State  engineer,  emploj^ment  and  pay  of  assistants  95,  96 

State  engineer's  report   9q 

Traveling-  expenses  ^_ 

Exemption  of  bonds,   from  taxation   I49 

Expenditures — Drafts  and  warrants   20 

A^ouchers  for   20 

F 

False  returns,  penalty  for  avoiding  tolls  by   49 

Fast  driving  on  wharves  prohibited   27 

Federal  dock — Setting  apart   I4 

Compensation  for  use  of  ._   ^4. 

Felonj^ — Interest  of  officers  in  seawall  contract   24 

Retaining  wages  of  laborers   148 

Ferry  depot  bonds — Issuance   54 

Appropriation  for  preparation   52 

Expiration  of  interest  .__   52 

Interest  coupons   52 

Interest,  payment  of,  out  of  sinking  fund   54 

Interest,  rate,  when  due  and  payable   52 

Record  of  state  treasurer  respecting   54 

Sale  of   52 

Signatures  to  ^    52 

Sinking   fund   53 

Submission  to  vote  of  people   54 

Ferry  slips,  assignment  of   14 

Fishermen— Assignment  of  plans  for   15 

Free  market — Setting  apart  property  for   73,  74 

Expenses   of   74 

Location   74 

Officers  of   74 

Penalty  for  violations   74 

Railroad  tracks,  connecting  docks  w^ith   73,  74 

Sales  for  account  of  producers  only   73 

Fort  Mason,  right  of  way  for  railroad   125 

G 

Goods  of  local  manufacture  preferred   61 

Advertisement  as  to  preference   61,  62 

Governor  ex  officio  member  of  board   21 

Consideration  of  necessity  for  seawall   21 

Report  of  judgments  against  state   57 

H 

Harbor  commissioners — Creation  of  board   3 

xVppointment  and  term  of  office   3 

Appointment  on  failure  of  confirmation  by  senate   3 

Appointment  of  officers  by   4,  134 

Bids,  authority  over   12 

Bonds  of   4 

Bonds,  payment  of  premium  on   82 

Dredge,  authority  to  dredge  harbor   13 

Dredgers  and  tugs,  authority  to  purchase   13 

Duty  to  take  possession  of  property   8 

Employees  and  assistants,  power  to  appoint   7,  132 

Ex  officio  members   21 


INDEX.  159 

Harbor  commissioners — Continued.  Page. 

Fixing-  dockage   13 

Jurisdiction,  extent  and  limit   8-11 

Jurisdiction,  inshore  limit   42 

Jurisdiction  over  East  street  (The  Embarcadero)   42 

Jurisdiction  over  basins   42 

Jurisdiction  over  lands  formed  by  change  of  water  front   45 

Jurisdiction  extended  44,  122 

Number  of  commissioners   3 

Office,  authority  to  rent   11 

President  of  board,  how  chosen   3 

President,  member  of  engineering  department   87 

Rules  and  regulations,  power  to  make   13 

Report  to  governor   24 

Salary  of  president  and  commissioners   .30 

Seal  of  board-   28 

Signature  to  contracts   10. 

Streets,  construction,  maintenance  and  control  over   18 

Suits  in  name  of  people,  by   7 

State  railroad,  power  to  build   124 

Power  to  acquire  rights  of  way   125 

Vacancy  in  office,  how  filled  :   3 

Wharfage,  fixing  rates  of   11 

Wharves,  duty  to  construct  and  repair   11 

Harbor  improvement  fund,  appropriation  for  repair  84,  90,  107 

Creation  of   22 

Drafts   on   22 

Insurance  premiums  payable  out  of   67 

Interest  on  seawall  bonds  77,  100,  108 

Money,  how  kept   22 

Payment  of  publication  of  sale  of  bonds  from  :  110,  52 

San  Francisco  depot  sinking  fund   52 

San  Francisco  harbor  improvement  fund   110 

Surplus  in  seawall  sinking  fund,  disposition  of   103 

Treasurer  to  have  charge  of   22 

Harbor  lines,  maps  on  change  of   25 

Harbor  police,  assignment  of  location  for   14 

Health  officers,  assignment  of  location  for   14 

Hours  of  labor  28,  G4,  65,  68,  147-148 

I 

Improvements!    Rce  Bonds,  Contracts,  AVharves. 

India  basin,  .iurisdiction  over  42,  122 

India  basin  act  121-123 

India  basin  bond  act  115-120 

Issuance   ■   115 

Dockage,  collection  of  to  pay   117 

Interest   116,118.119 

Sale    116 

Sinking   fund   116 

Ilatitication  by  people   119 

Redemption   118 

India  basin  fund  created   116 

Insurance  of  San  Francisco  water  front  property   67 

Inventory — State    property   66 

l*enalty  for  failure   67 

Islais  creek,  jurisdiction  over   44 

Condemnation  lands  bordering   121 


INDEX. 


J 

Page. 

Judgment  against  state   57 

Jurisdiction — Harbor  commissioners'  extent  and  limit  ^_  8 

Channel  street   44 

East  street  (The  Embarcadero)  43,55,56 

Over  basins  '.   44 

Islais  creek   44 

Chief  wharfinger  in  collision  cases  :   25 

India  basin  lands   122 

Inshore   limit   ,  42 

Extended    122 

Police  court's  jurisdiction  over  offenses   27 

L 

Labor — Compensation  for  on  public  Avork   G3 

Hours  of  28,  64,  65,  68,  147-148 

Laborers,  retaining  wages  of,  felony   148 

Leases— Not  permitted  except  specially  provided   15 

Lessees  to  collect  same  rate  as  board   50 

Of  wharves  to  be  constructed  .   19 

Terms  of   19 

Seawall  lots   45 

Terminal  facilities  under  existing   16 

Lessees,  rates  chargeable  by   50 

Liens — Charges  for  removal  of  obstructions   17 

For  wharfage   13 

Limitations  of  actions  against  state   57 

M 

Maps  on  change  of  harbor  lines_:   25 

Market,  establishment  of  free   73-75 

Market  street — Condemnation  for  terminal  facilities   58 

Master,  owner  or  agent  to  make  statement  of  merchandise   48 

Materialmen,  bond  to  secure   62 

Mayor  of  San  Francisco,  ex  officio  member  of  board   21 

Consideration  of  necessity  for  new^  seavvall   21 

Mechanics,  claims  of   62 

Meetings — Who  presides  at    3 

Notice  of  meeting,  relating  to  seawall   21 

Record  of   4 

Consideration  of  engineer's  report  on  new  seawall  ^   21 

Merchandise — Preference  to  goods  of  local  manufacture   61 

Purchase   of  •  61 

Minimum  compensation  for  labor  on  public  work   63 

Misdemeanor — Ballast,  dumping  in  harbor  _   147 

Collection  of  tolls  without  authority   147 

Depositing  substances  obstructing  navigation   27 

Discharge  or  receipt  of  freight  without  paying  wharfage   49 

Eight-hour  law,  violation  of   65,  76,  147-148 

Failure  to  make  or  making  false  statement  of  merchandise   49 

Failure  to  obey  orders  of  chief  wharfinger   26 

Inventory,  failure  to  make   67 

Landing  more  than  maximum  number  of  animals   15 

Payment  of  wharfage  before  trial,  effect  of__.   49 

Removal  or  landing  of  property  without  permission   147 

Scaffolding,   furnishings  unsafe   SS^ 


INDEX.  161 

Page. 

Moneys — Disposition  of   20,  21 

Limit  on  collections   18 

Retention  of  sum  for  repair   20 

State  money  to  be  paid  into  state  treasury    85 

Mongolians — Employment  of,  prohibited  24, 148 

Moorings,  regulation  of   34 

N 

Navigable  waters,  obstruction  of  by  dams  as  nuisance   149 

Newspaper — General  circulation  defined   82 

Official  advertising   82 

North  Beach  water  front,  setting  apart  for  grain   47,  48 

Notice — Removal  of  obstructions   17 

Nuisance — Tide  water  dams  obstructing  navigable  waters  as   149 

O 

Oath — Power  of  president  of  board  to  administer   3 

Chief  wharfinger   6 

Collectors  and  wharfingers   6 

Engineering  department   96 

Secretary   5 

Necessity  for  oath  to  secretary's  account  .   5 

Obstructions — Actions  for  removal  of   7 

Deposit  of  substances  obstructing  navigation   27 

Dumping  in  harbor    149 

Notice  to  remove   16 

Penalty  for  failure  to  remove  -  17 

Prohibition  of  in  bay  or  wharf   16 

Removal  of  by  commissioners   6 

Removal  of  from  block  formed  by  change  of  water  front   45 

Tide  water  dams   148 

Officers — Who  appoints   3,  4 

Free  market   73 

Interest  in  seawall  contracts  prohibited   24 

Qualifications   of  28, 134 

Removal  of   4,137 

Term  of  office  3,  4, 137 

See,  also,  Bonds,  Attorney,  Attorney  General,  Board  of  Control,  Harbor 
Commissioners,  Chief  Engineer,  Collectors,  Engineering  Department, 
Secretary,  Wharfingers. 

Orders  for  money,  necessity  for  signatures  of  commissioners  and  secretary   20 

P 

Payments — In  gold  or  silver  only   29 

Drafts  on  controller   20 

Judgments  against  state   57 

To  treasurer   20,  21 

Penalties — Depositing  substances  obstructing  navigation  27, 147 

Discharge  or  receipt  of  freight  without  paying  w^harfage  49,  147 

Collecting  wharfage  without  authority   147 

Eight-hour  day,  violation  of  65.  70,  76,  147-148 

Failure  to  make  or  false  statement  of  merchandise   49 

Failure  to  obey  orders  of  chief  wharfinger   26 

Nonpayment  of  dockage  by  vessel   13,  47 

Nonpayment  of  tolls  .   51 

Nonremoval  of  obstructions   16, 17 

Perishable  property — Sale  on  wharves   70-72 

Application  for  permit  to  sell   71 

11—11204 


INDEX. 


Page. 

Permit  to  sell  perishable  property  on  wharves  .   70-72 

Piers.    See  Wharves. 

Pile  drivers,  authority  of  board  to  purchase   11 

Piles,  preservation  of   12 

Plans  and  specifications  to  be  prepared  by  chief  engineer   6 

Plans  for  public  works  in  general   90 

Police — Assignment  of  location  for  harbor   14 

Wharfingers  and  toll  collectors  to  be  special  policemen   29 

Police  court,  jurisdiction  over  offenses   27 

Preference  to  goods  of  local  manufacture   61 

Private  wharves,  repair  of   41 

Process,  service  of,  in  action  against  state   57 

Property- — Record  of  personal,  purchased   5 

Use  of  without  permission   15, 16 

Se,e  Inventory. 

Presidio  Reservation — License  to  construct  railroad  through   125 

Proposals — Necessity  for  advertising  for   12 

See,  also,  Bids. 

Publication — Advertisements    82 

See,  also,  Bonds. 

Q 

Quarantine  officers,  assignment  of  location  for   14 

R 

Railroads — Marine  railways   15 

Belt  railway,  construction  and  regulation   16 

Connecting  dock  with  free  market   73 

Extension  of   124 

Obtain  grants  from  San  Francisco  for   125 

Right  of  way  across  Fort  Mason   124 

Rights  of  way,  how  acquired   125 

Power  to  obtain  permission  from  United  States   125 

Use  of,  permitted   125 

Tolls  and  charges   125 

Receipts — Money  paid  to  treasurer   20,  21 

Moneys  received  by  secretary   5 

Reclamation  of  lands   91 

Record  of  property  purchased   5 

Removal  of  officers  or  employees   7, 137 

Repairs — Chief  wharfinger  to  report  necessary   6 

Private    wharves   41 

Property  damaged  in  San  Francisco   84 

Wharves    11 

Report — Commissioners'  report  to  governor   24 

To  controller,  of  moneys  paid  treasurer   21 

Right  of  way  to  water  fronts   147 

Rules,  power  of  board  to  make   13 

S 

Salaries — Commissioners  and  officers   30 

Engineering  department   97 

Sales — Perishable  property  on  wharves   70-72 

Power  to  sell  property  on  East  street   56 

Abandoned  water  crafts   26 

San  Francisco  depot  act   51-55 

San  Francisco  depot  fund   52 

San  Francisco  sinking  fund   53 


INDEX. 


163 


Page. 

San  Francisco  harbor  improvement  act  of  1909  .  107-113 

Commissions  for  sale  of  bonds  of  142-148 

San  Francisco  harbor  improvement  fund.    Hec  Harbor  Improvement  Fund. 

San  Francisco  seawall  act  7(t-Hl 

San  Francisco  seav^all  act,  second  100-10.") 

San  Francisco  seawall  fund  78,102 

San  Francisco  seawall  sinking  fund  78,  102 

Scaffolding,  furnishing  unsafe   8*> 

Scows,  authority  to  purchase   18 

Seal   of  board   28 

Seawall — Authority  to  construct   18 

Advertisement  and  bids  for  construction   28 

Bonds  for  construction  70-81,  100-105,  107-118 

Bonds,  cancellation  of  80,  108,  111 

Bonds,  redemption  77,  108,  109 

Bonds,  sale  of  76,  78,  100,  108,  109 

Chief  engineer,  duties  respecting   5,  0 

Chinese,  employment  of,  prohibited  .   24 

Contracts  for  construction  28.  24 

Drawbridges   in   44 

Dedicated  as  a  public  use   40 

Election  for  ratification  of  seawall  acts  81-104 

Eminent  domain,  exercise  of  in  construction  of   46 

Interest  on  bonds  77-100,  108 

Limit  of  expenditures   28 

Limits  of   8-11 

New  seawall  for  San  Francisco  harbor   23 

New^  line  of   21 

San  Francisco  seawall  act  76-81 

San  Francisco  seawall  sinking  fund   78 

Second  San  Francisco  seawall  act  100-105 

Second  San  Francisco  seawall  sinking  fund   102 

Sinking  fund,  purchase  of  public  bonds  with  79.  102 

Ratification  of  water  front  line   42 

Ratification  of  .seawall  act  by  pepole  81,  104 

Redemption  of  seawall  bonds  79.  108 

Repair  of   99 

Surplus  in  sinking  fund,  disposition  79,  104 

Seawall  lots — Leases   4.5 

See,  also,  Leases. 

Secretary — Appointment  and  term  of  office  .   5 

Assistant,  appointment  and  duties   5 

Assistant,  term  of  office   187 

Bond  and  oath  of   5 

Countersigning  contracts   19 

Drafts,  countersigning  of   20 

Duties    5 

Payment  of  premium  on  bond   82 

Salary    30 

Security  for  costs  in  actions  against  state   57 

Sewers,  extension  of  over  streets   18 

Sidewalks  on  East  street  (The  Embarcadero)   43 

Sinking  fund — Seawall  78, 102 

San  Francisco  ferry  depot   53 

Second  San  Francisco  seawall   102 

San  Francisco  harbor  improvement   110 

India  basin   117 


164  INDEX. 

Slips — Assignment  of  exclusive   "^^4^ 

Width  ":i::i::::::::_ii,i2 

South  basin,  jurisdiction  over   42 

Special  counsel,  employment  of   3q 

Special  privileges  prohibited   26 

State — Right  of  eminent  domain  in,  to  water  fronts   I47 

Who  may  sue.  See  Actions  against  State. 
State  board  of  control.    See  Board  of  Control. 

State  architect   3§  92 

State  engineer — Assistant  assigned  to  harbor  commissioners   93 

See,  also,  Engineering  Department. 

Statement — Of  merchandise  shipped  or  received   48,  49 

Property  sold  or  exchanged  on  East  street  (The  Embarcadero)   56 

Release  from  obligation  to  make   49 

Streets — Construction  and  maintenance  .   1§ 

Eminent  domain  

Extension  of  width   -^g 

Extension  of,  to  seawall   44 

Power  of  board  to  use  

Repairs  of  

Repair  of  streets  intersecting  seawall   44 

Repair  of  East  street  (The  Embarcadero)   43 

Summons,  service  of,  in  action  against  state   57 

Supplies,  preference  given  goods  of  local  manufacture   61 

Sureties.    See  Bonds. 

Switches,  construction  of  16  124 

T 

Taxation,  bonds  exempt  from   I47 

Term  of  office — Of  Commissioners   3 

Of  officers  of  board   4  137 

Tidal  basin,  bonds  for  1  115-120 

Tolls.    See  Dockage,  Wharfage. 

Transfer  of  funds   II4 

Treasurer's  report  of  receipts  to  controller  ;   21 

Control  of  harbor  improvement  fund   22 

Tugs,  authority  to  purchase   13 

V 

Vacancy — In  office  of  harbor  commissioner,  how  filled   3 

In  offices  of  employees,  how  filled   4,  132 

Vessels — Assignment  of  berths   6 

Regulation  of  mooring  or  removal  of   14 

Vouchers,  necessity  for   20 

W 

Wages — Minimum    63 

Contracts,  stipulated  in   63 

Retaining  of   148 

W^arrants  for  expenditures   20 

Water  craft — Abandoned,  disposal  of   26 

Water  front  line   42 

Maps  of,  if  changed   25 

Extension  of  :   50 

Wharfage — Authority  of  board  to  fix  rate:   11 

Adjustment  of  rates   48 

Bond  for   49 


INDEX.  165 

Wharfage — Continued.  Page. 

Charges    1,3 

Collection  without  authority   147 

Discharge  or  receipt  of  freight  without  paying   49 

Enforcement   of   49 

Exemptions  from   28 

Extra  rates  for   14 

Fish  boats,  rate  for   1.5 

India  basin  bonds,  to  pay   118 

Lien  for   13,  50 

Limit  of  money  to  be  collected  for   18 

Payment  before  trial   49 

Penalty  for  leaving  without  paying   13,  47 

Rates  chargeable  by  lessees   .50 

Sales  of  goods  for  nonpayment   46,  47 

See,  also,  Dockage. 

Wharfinger — Appointment  and  term  of  office   4, 137 

Accounts,  settlement  of   5 

Bond  and  oath   6 

Premium  on  bond   82 

Salary    30 

Special   policemen   29 

See,  also,  Chief  Wharfinger. 

Wharves — Construction  and  repair  of  „  11, 12 

Bids,  necessity  for  advertising  for   12 

Bonds  for  erection  76-81,  100-105,  107-113 

Construction  of  on  East  street  (The  Embarcadero)   43 

Chief  engineer,  duties  respecting   5,  6 

Lease  of  wharves  to  be  constructed   19 

Obstructions  7,  17,  47 

Perishable  property,  sale  of  .   70-72 

Preservation  of  piles   12 

Prohibition  of  use  of,  without  permission   15 

Purchase  of  private  structures  on  site   18 

Removal  from  or  landing  property  without  permission   145 

Removal  of  obstructions  from  .  7,  17,  45,  47 

Repair  in  general   12 

Repair  upon  private   41 

Termination  on  right  to  use,  on  notice   16 

Use  of  without  permission   15 


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